Punithavathy vs The Inspector General Of Registration
2024 Latest Caselaw 8606 Mad

Madras High Court

Punithavathy vs The Inspector General Of Registration on 5 June, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                               W.A.No.1571 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 05.06.2024

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                         AND
                                   THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
                                            Writ Appeal No.1571 of 2024


                     Punithavathy                                             ..Appellant

                                                          Vs.

                     1. The Inspector General of Registration,
                        100, Santhome High Road, Mullima Nagar,
                        Mandavelipakkam, Raja Annamalaipuram,
                        Chennai 600 028.

                     2. The Deputy Inspector General of Registration – Coimbatore Zone,
                        6/1 GRD Road, Opp. Airforce Admin College,
                        Redfields, Puliakulam, Coimbatore – 641 018.

                     3. The District Registrar, Collector office compound,
                        Gopalapuram, Coimbatore – 641 018.

                     4. The Sub Registrar – Erode Joint 1,
                        Erode Joint I Sub Registrar Office, Erode.            .. Respondents



                     Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the
                     order passed by this Court dated 02.11.2023 passed in W.P. No.31013 of
                     2023.

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                                                                                      W.A.No.1571 of 2024




                                            For Appellant      : Mr.R.Narayanan


                                            For Respondents : Mr.B.Vijay,
                                                              Additional Government Pleader




                                                     JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

The Joint-II Sub Registrar, Erode has refused to register the

document viz. a Settlement Deed executed by the petitioner in favour of her

daughter on the ground that the original parent document has not been

produced. The said order has been upheld by the learned Single Judge.

2. The very same issue was dealt with in detail by this Court in

The Federal Bank Ltd. vs. The Sub Registrar.

3. It is the contention of the learned counsel for the appellant that

the original of the document is retained by her husband and she cannot be

expected to produce the same as the relationship is strained. In the

circumstances, the right of the appellant to deal with the property which is

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protected under Article 300-A of the constitution, cannot be affected by a

rule which has been introduced with the view to prevent bogus registrations.

The Registering Authority can verify the ownership from the certified copy

of the original which is also issued by the very same department. Hence we

find that the Registering Authority should be directed to register the

document if the appellant produces the certified copy of the parent

document.

4. In view of the above, the Writ Appeal is allowed, the order of

the learned Single as well as the impugned rejection order are set aside.

There will be a direction to the concerned Sub Registrar viz. the fourth

respondent to register the document upon production of a certified copy of

the Parent Title Deed. There shall be no order as to costs.

(R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.) 05.06.2024 Index: No Internet: Yes Speaking order Neutral Citation: No jv

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To

1. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai 600 028.

2. The Deputy Inspector General of Registration – Coimbatore Zone, 6/1 GRD Road, Opp. Airforce Admin College, Redfields, Puliakulam, Coimbatore – 641 018.

3. The District Registrar, Collector office compound, Gopalapuram, Coimbatore – 641 018.

4. The Sub Registrar – Erode Joint 1, Erode Joint I Sub Registrar Office, Erode.

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R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

(jv)

05.06.2024

https://www.mhc.tn.gov.in/judis