Madras High Court
K.Rajendra Kumar vs The Sub Registrar on 28 October, 2022
W.P.No.28522 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.28522 of 2022
K.Rajendra Kumar . . . Petitioner
Vs.
The Sub Registrar,
Sebium Sub Registrar Office,
Perambur, Chennai-11 . . . Respondent
PRAYER:Writ Petition filed under Article 226 of the Constitution of India,
to issue a Certiorarified Mandamus or any other order or direection inn the
form of Writ and Quash the refusal letter No.RFL/Sembium/18/2022 dated 6 th
October 2022 issued by the respondent and direct, the Sub Registrar, office
of the Sub Registrar of Sembium, Perambur, Chennai-11 to entertain the
petitioner's application to register the Settlement Deed executed by the
petitioner to his wife S.Rukmani residing at No.106-B, S.V.Puram,
Pattinapakam, Chennai-28.
1/6
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W.P.No.28522 of 2022
For Petitioners : M/s.K.V.Subramanian Associates
For Respondents : Mr.E.Vijay Anand,
Additional Government Pleader
ORDER
The present petition has been filed seeking to quash the impugned
refusal letter dated 6.10.2022 of the respondent and direct the respondent to
entertain the petitioner's application to register the settlement deed which was
executed by the petitioner to his wife.
2. It is the case of the petitioner that originally the property situated at
No.25/9, Sivalingam Street, Vetri Nagar, T.V.K. Nagar, Chennai-82 was
owned the petitioner's deceased mother namely Manohari ammal. After the
demise of his mother, the said property devolved upon the petitioner and he is
absolute possession and enjoyment of the same since the date of the death of
his mother. In order to settle the above said property in favour of his wife, the
petitioner had executed a Settlement deed dated 28.09.2022 in favour of wife
and placed the same for registration before the respondent herein, however,
the respondent had refused to register the same vide the impugned refusal
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W.P.No.28522 of 2022
check slip, on the ground that the original document was not presented for
verification and the petitioner was asked to produce the Non-Traceable
certificate. However, the petitioner had lost the original parent documents of
the above said property, for which, the petitioner made a complaint to the law
enforcing agency, Mylapore which resulted in filing of CSR, however, the
paper publication was also issued in vernacular newspapers. Having left with
no other remedy, the petitioner has come up with the present petition seeking
to quash the impugned refusal check slip issued by the respondent herein.
3. 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
which is not sustainable and in support of his plea, learned counsel placed his
reliance upon the decision of this Court in W.P.No.1637 of 2020 dated
23.11.2020, in which, certain directions were given and the petitioner herein
may also be granted the same relief in the light of the above decision.
Accordingly, he prays for allowing this Writ Petition.
4. The learned Additional Government Pleader appearing for the
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W.P.No.28522 of 2022
respondent submits that the document presented by the petitioner was
rejected by the respondent on the ground that parent document was not
annexed along with the document.
5. The issue involved in the present case is no longer res integra.
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 the parent document and that a
certified copy of the parent document is sufficient to entertain the document
for registration. 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, 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,
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W.P.No.28522 of 2022
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."
6. In view of the ratio laid down by this Court above, this writ petition
is allowed, the impugned order dated 06.10.2022 is set aside and the
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 if it is otherwise in order and the petitioner is
directed to pay the requisite Stamp Duty and Registration Charges. No costs.
28.10.2022
NHS
Index : Yes / No
Internet : Yes / No
M.DHANDAPANI, J.
NHS
https://www.mhc.tn.gov.in/judis
W.P.No.28522 of 2022
To
The Sub Registrar,
Sebium Sub Registrar Office,
Perambur, Chennai-11
W.P.No.28522 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
