Madras High Court
Bakkiyam vs The Sub Registrar on 27 June, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.18806 of 2023
Bakkiyam Petitioner
vs.
1.The Sub Registrar,
Omalur,
Salem District.
2.Salem Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, call for the records of the 1st
respondent in relates to refusal number RFL/Omalur/124/2023 dated on
12.05.2023 and quash same in the light of judgment in K.S.Vijayandran Vs IG
of Registration 2011(2) LW 648 and direct the 1st Respondent to Register the
Settlement Deed.
For Petitioner : Mr.J.Franklin
For Respondents : Mr.D.Ravichander
Special Government Pleader for R1
ORDER
The refusal cheque slip issued by the 1st respondent has been put to
challenge by the petitioner.
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2.Heard Mr.J.Franklin, learned counsel appearing on behalf of the
petitioner and Mr.D.Ravichander, learned Special Government Pleader
appearing on behalf of the 1st respondent.
3.The petitioner presented the Settlement Deed for Registration before the
1st respondent on 12.05.2023. The same was refused to be registered by the 1 st
respondent on the ground that the original parent document was not submitted
by the petitioner. Accordingly, the refusal cheque slip was issued and the same
has been put to challenge in this writ petition.
4.The issue involved in the present writ petition is squarely covered by the
earlier order passed by this Court in Ananthi v. District Registrar, Vellore
District and another reported in 2023 1 CWC 533 wherein, it was held that the
Sub-Registrar cannot insist for the production of the original parent document
as a condition precedent for the registration of the document. For proper
appreciation, the relevant portion is extracted hereunder:
6. Second proviso deals with the ancestral property. It is
stated that only when the original document is not available, as
the property being an ancestral one, the revenue records
evidencing the executant's right be produced. While framing such
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Rule, the Government has not taken into consideration of the fact
that the partition deeds are entered among the co-owners.
Normally, original partition deed will be retained by anyone of
the family member. In fact, there may be a situation, wherein, the
person who will be in possession of the original partition deed,
may not be willing to produce the documents. If such original is
not produced as required under this Rule, the other members of
the family cannot deal with the property. This aspect has not been
taken into consideration, while framing the Rules.
5.The refusal cheque slip issued by the 1st respondent is liable to be
interfered by this Court and accordingly, the same is hereby set aside. There
shall be a direction to the 1 st respondent to entertain the document submitted by
the petitioner and register the same, if it otherwise satisfies all the other
requirements and it shall be handed over to the petitioner after registration.
6.This writ petition stands allowed with the above directions. No Costs.
27.06.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
ssr
Note:Issue Order Copy by 03.07.2023
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
To
The Sub Registrar,
Omalur,
Salem District.
Salem District.
W.P No.18806 of 2023
27.06.2023
https://www.mhc.tn.gov.in/judis
