Madras High Court
S. Ananthkumar vs The Joint Sub-Registrar- I on 19 October, 2022
W.P.No.27882 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.27882 of 2022
S. Ananthkumar ... Petitioner
Vs.
The Joint Sub-Registrar- I,
O/o Sub Registrar,
Gobichettipalayam,
Erode District. . ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records relating to
the impugned refusal check slip in RFL/Joint/ Sub Registrar I
Gobichettipalayam/80/2022 dated 20.9.2022 passed by the respondent,
quash the same and consequently to direct the respondent to register the sale
deed dated 19.09.2022 in the name of the petitioner in respect of the
property measuring 1950 ¾ sq.ft., bearing S.F.Nos. 182 B and 183,
Veerpandi Village, Ward D, Block 3, TS No. 21 of Gobichettipalayam
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W.P.No.27882 of 2022
Municipality, Erode District and pass orders.
For petitioner : Mr. N. Manokaran
For Respondents : Mr.G. Krishna Raja
Additional Government Pleader
COMMON ORDER
The petitioner has filed this petition to issue a Writ of Certiorarified
Mandamus calling for the records relating to the impugned refusal check
slip in RFL/Joint/ Sub Registrar I Gobichettipalayam/80/2022 dated
20.9.2022 passed by the respondent, quash the same and consequently to
direct the respondent to register the sale deed dated 19.09.2022 in the name
of the petitioner in respect of the property measuring 1950 ¾ sq.ft., bearing
S.F.Nos. 182 B and 183, Veerpandi Village, Ward D, Block 3, TS No. 21 of
Gobichettipalayam Municipality, Erode District.
2. Mr.G. Krishna Raja, learned Additional Government Pleader takes
notice for the respondents. 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.
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W.P.No.27882 of 2022
3. The case of the petitioner is that the petitioners vendors executed a
sale deed dated 19.09.2022 in favour of the the petitioner and the same was
presented before the respondent on 20.09.2022. However, the said
document was refused to be registered by the respondent on the ground that
parent document was not annexed along with the document which is
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, even then the 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
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W.P.No.27882 of 2022
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, 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
respondents submits that the document presented by the petitioner was
rejected by the respondent on the ground that original parent document was
not annexed along with the document.
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 present
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W.P.No.27882 of 2022
the 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
is set aside and the respondent is directed to entertain the document
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.
19.10.2022
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
smn
To
The Joint Sub-Registrar- I,
O/o Sub Registrar,
Gobichettipalayam,
Erode District. .
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W.P.No.27882 of 2022
M.DHANDAPANI,J.
smn
W.P.No.27882 of 2022
19.10.2022
https://www.mhc.tn.gov.in/judis
