Madras High Court
T.Pachakutti vs The Sub Registrar on 30 March, 2022
W.P.No.28056 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.28056 of 2021
T.Pachakutti ... Petitioner
Vs.
1. The Sub Registrar,
Keelapalur Sub Registrar Office,
Keelapalur, Ariyalur District.
2. P.Kumar ...
Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to calling for the records relating to
the impugned refusal check slip issued by 1 st respondent in
RFL/Keelapalur/246/2021 dated 25.10.2021 and quash the same as illegal
and consequently direct the 1st respondent to register the document
presented by the petitioner for registration without insisting for the
production of original parent document.
For petitioner : Mr.R.Kuyilan
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader for R1
1
https://www.mhc.tn.gov.in/judis
W.P.No.28056 of 2021
ORDER
The petitioner has filed this petition to issue a Writ of Certiorarified
Mandamus to call for the records pertaining to the order of the 1st
respondent dated 25.10.2021 in reference RFL/Keelapalur/246/2021 and
quash the same and direct the 1st respondent to register the documents
presented by the petitioner without insisting for the production of original
parent document.
2. Mr.Yogesh Kannadasan, learned Special Government Pleader
takes notice for the 1st respondent. In view of the limited relief sought for in
this petition and on the consent expressed by the learned counsel appearing
on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner presented the
documents for registration on 23.10.2021 to execute the Sale Deed in favour
of one Manivel i.e., brother of the petitioner, before the 1 st respondent.
However, the said document was refused to be registered by the 1st
respondent vide order dated 25.10.2021 on the ground that parent document
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W.P.No.28056 of 2021
was not annexed along with the documents which were presented for
registration. Challenging the same, the present Writ Petition has been filed
by the petitioner for the above relief.
4. Though very many grounds have been raised, learned counsel for
the petitioner submits that though the petitioner annexed the certified copy
of the parent document, the 1st respondent refused to register the document,
is not sustainable, the issue involved in the present case, is no more res-
integra. He further relied upon the decision of this Court in
W.P.(MD)No.19745 of 2020, order dated 11.02.2021. The relevant portion
of the above said order is extracted hereunder:-
"8.This Court is entirely in agreement with the submissions
made on behalf of the petitioner in this regard. The latest
decision of the learned Single Judge appears to have not
considered the implication of the Circular with reference to the
scheme of the relevant Act. On the other hand, the above three
decisions cited on behalf of the petitioner would certainly hold
the field and in which event, insistence on production of original
Title Deeds by the Registering Authority is without any authority
of law. The Circular issued by the Inspector General of
Registration, Chennai in this regard cannot have any sanctity,
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W.P.No.28056 of 2021
unless the power of issuance of such Circular is authorized
under the provisions of the Act. This Court has consistently held
that no such power can be read into Act, in the absence of any
specific provisions and in that view of the matter, as rightly
contended by the learned Counsel for the petitioner, the subject
issue is no more res-integra. As far as the latest decision of the
learned Single Judge is concerned, being a kind of a contra
view, this Court is of the opinion that the order passed by the
learned Single Judge of this Court in W.P.(MD)No.16768 of
2020, dated 26.11.2020 has not appreciated the provisions of
the Act, as the reasons of the learned Single Judge are contrary
to the well considered earlier Judgments of this Court. The
learned Judge has reasoned without any specific reference to the
scheme of the Act, which governs the registration."
5. The learned Special Government Pleader appearing for the 1 st
respondent submits that the documents presented by the petitioner was
rejected by the 1st respondent on the ground that Original parent document
was not annexed along with the documents.
6. In view of the decision of this Court in W.P.(MD)No.19745 of
2020, order dated 11.02.2021, makes it clear that, there is no need to
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W.P.No.28056 of 2021
present the Original parent document, certified copy of the parent document
is sufficient to entertain the document for registration.
7. Accordingly, this writ petition is allowed, the impugned order
dated 25.10.2021 is set aside and the 1st respondent is directed to entertain
the documents presented by the petitioner and pass appropriate orders
within a period of twelve weeks from the date of receipt of a copy of this
order, and the petitioner is directed to pay requisite Stamp Duty and
Registration Charges. No costs.
30.03.2022
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
rap/jd
To
The Sub Registrar,
Keelapalur Sub Registrar Office,
Keelapalur, Ariyalur District.
https://www.mhc.tn.gov.in/judis
W.P.No.28056 of 2021
M.DHANDAPANI,J.
rap
W.P.No.28056 of 2021
30.03.2022
https://www.mhc.tn.gov.in/judis
