Vanaja vs The Sub-Registrar
2024 Latest Caselaw 19121 Mad

Madras High Court

Vanaja vs The Sub-Registrar on 1 October, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                     W.P(MD)No.23336 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED : 01.10.2024

                                                            CORAM :

                              THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                 W.P(MD)No.23336 of 2024


                Vanaja                                                                ... Petitioner

                                                              Vs.

                The Sub-Registrar,
                Theni Sub Registrar Office,
                Theni District.                                                       ... Respondent

                PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
                records relating to the impugned refusal Check Slip in the RFL/Theni/16/2024,
                dated 18.09.2024, on the file of the Respondent and quash the same as illegal
                and consequently direct the respondent to register the settlement deed dated
                16.09.2024 within the period that may be stipulated by this Court.


                                           For Petitioner     : Mr.P.Sivachandran
                                           For Respondent     : Mr.C.Satheesh,
                                                               Government Advocate
                                                            ORDER

By consent of both parties, this Writ Petition is taken up for final

disposal at the stage of admission itself.

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2.Challenge has been made to the refusal check slip issued by the

respondent dated 18.09.2024.

3.It is the grievance of the petitioner that when she presented the

settlement deed dated 16.09.2024, which is executed in favour of her son,

namely, Jegadeesan, it was refused by the respondent, vide refusal check slip

dated 18.09.2024 on the ground that original document has not been produced.

Challenging the same, the petitioner has filed this Writ Petition.

3.The issue raised in this Writ Petition is no longer res-integra, in

view of the judgment rendered by this Court in the case of Subramani vs. the

Sub Registrar and others [WP.No.11056 of 2024, dated 26.04.2024], in which

it has been held as follows:

“c. With regard to the refusal on the absence of parent document, this Court in the case of K.S. Vijayendran v. The Inspector General of Registration reported in (2011) 2 LW 648, Lakshmi Ammal v. The Sub Registrar, Villivakkam reported in 2015 SCC OnLine Mad 5868 and C. Moorthy v. Sub Registrar Aruppukottai reported in 2018 SCC OnLine Mad 3898, it was held that absence of a parent document is no ground to refuse registration. Pursuant to these judgments, sub-rule XX was introduced in Rule 162 authorizing the Sub-Registrar to refuse registration for non-production of the original title deed as required by Rule 55-A. This Court in the case of Federal Bank v Sub- Registrar, reported in 2023 2 CTC 289 has held that Sub-Rule XX of

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Rule 162 has no statutory backing. The said order has been followed by a Division Bench of this Court in the case of M. Ariyanatchi v Inspector General made in W.A.(MD).No. 856 of 2023, dated 27.06.2023, wherein, Division Bench of this Court has held that, for instance, the original document is held by one co-owner, the Sub-

Registrar can always take an undertaking or a declaration in the form of an affidavit from the vendors to the effect that the original document is with the said person and register the document. Hence, the Sub-Registrar cannot refuse to register a document merely because the original parent deed has not been produced.

Considering the above settled position of law, the Registrar cannot refuse to register the document merely on the ground of non production of parent document.”

4.In such view of the matter, the refusal made by the respondent on

the ground that original document has not been produced, cannot be sustained

in the eye of law. Therefore, the same is liable to be quashed, accordingly, it is

quashed. This Writ Petition is allowed with a direction to the respondent to

register the document presented by the petitioner, within a period of one week

from the date of receipt of a copy of this order. No costs.

                                                                                     01.10.2024

                NCC      : Yes / No
                Index : Yes / No
                Internet : Yes / No

                Yuva



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






                                               N.SATHISH KUMAR, J

                                                                       Yuva


                To
                The Sub-Registrar,
                Theni Sub Registrar Office,
                Theni District.









                                                              01.10.2024


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