Madras High Court
Poongothai vs The Inspector General Of ... on 7 September, 2022
W.P.No.23859 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No. 23859 of 2022 and
W.M.P.Nos.22854 & 22855 of 2022
1.Poongothai
2.S.Raghavarathani
3.T.Shakthi
4.Subbrayammal ... Petitioners
Vs.
1.The Inspector General of Registraion,
No.100, Santhom High Road,
Foreshore Estate,
Chennai - 600 028.
2.The Sub-Registrar,
Sub Registrar Office,
Sivagiri,
Erode District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records on the file of
the second respondent in RFL/Sivagiri - Erode/56/2022 dated 01.08.2022 and
quash the same and consequentially directing the second responent to register
the documents for R.S.No.650/6, Old.S.No.325/C2, Oor Natham, Sivagiri
Town Panchayat, Sivagiri Village, Erode Taluk, Sivagiri Sub-Registration
District, Erode Registration District without insisting the original documents.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.23859 of 2022
For petitioner : Mr.A.Sundaravadhanan
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
The petitioner has filed this petition to issue a Writ of Certiorarified
Mandamus to call for the records on the file of the second respondent in
RFL/Sivagiri - Erode/56/2022 dated 01.08.2022 and quash the same and
consequentially directing the second responent to register the documents for
R.S.No.650/6, Old.S.No.325/C2, Oor Natham, Sivagiri Town Panchayat,
Sivagiri Village, Erode Taluk, Sivagiri Sub-Registration District, Erode
Registration District without insisting the original documents.
2. Mr.Yogesh Kannadasan, learned Special 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.
3. The case of the petitioners is that the petitioners presented a
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W.P.No.23859 of 2022
document before the second respondent on 01.08.2022 for executing Sale
Deed. 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 petitioners for the above relief.
4. Though very many grounds have been raised, learned counsel for the
petitioners submits that though the petitioners 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
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
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W.P.No.23859 of 2022
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
passsed 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 petitioners was
rejected by the respondent on the ground that parent document was not
annexed along with the document.
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W.P.No.23859 of 2022
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
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 petitioners and pass appropriate orders within a period of twelve weeks
from the date of receipt of a copy of this order, and the petitioners are
directed to pay requisite Stamp Duty and Registration Charges. No costs.
Consequently, connected miscellaneous petitions are closed.
07.09.2022
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
tri
M.DHANDAPANI,J.
https://www.mhc.tn.gov.in/judis
W.P.No.23859 of 2022
tri
To
1.The Inspector General of Registraion,
No.100, Santhom High Road,
Foreshore Estate,
Chennai - 600 028.
2.The Sub-Registrar,
Sub Registrar Office,
Sivagiri,
Erode District.
W.P.No. 23859 of 2022 and
W.M.P.Nos.22854 & 22855 of 2022
07.09.2022
https://www.mhc.tn.gov.in/judis
