Madras High Court
Mohamed Ali vs The Sub Registrar on 18 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.14864 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.09.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.14864 of 2022
and
W.M.P.(MD)No.5822 of 2024
Mohamed Ali ... Petitioner
Vs.
1.The Sub Registrar,
Sub Registrar Office, Thiruvaiyaru,
Thiruvaiyaru Taluk, Thanjavur District.
2.The Sub Registrar,
Sub Registrar Office, Karunthattankudi,
Thanjavur Town, Thanjavur District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents
1 and 2 to allow the registration of sale deed without mother document No.
799/1995 in Temporary No.TP/124852891/2022, dated 01.07.2022 bearing
Survey No.16 to an extent of 540 sq.ft., at Kandiyur Revenue Village,
Thiruvaiyaru Taluk, Thanjavur District and natham Survey No.16/1B to an
extent of 1994 sq.ft., & natham Survey No.21/A7 to an extent of 84.5 sq.ft., at
Kandiyur Revenue Village, Thiruvaiyaru Taluk, Thanjavur District and nanjai
Survey Nos.344/2, 346, 348/2 to an extent of 4 acre 11 cents at
Karunthattankudi Registration District, Nagathi Revenue Village, Thiruvaiyaru
Taluk, Thanjavur District.
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1/5
W.P(MD)No.14864 of 2022
For Petitioner : Mr.M.Vivek
For Respondents : Mr.P.Subbaraj,
Special Government Pleader
ORDER
This Writ Petition has been filed, seeking for a direction to the
respondents 1 and 2 to allow the registration of sale deed without mother
document No.799/1995 in Temporary No.TP/124852891/2022, dated
01.07.2022 bearing Survey No.16 to an extent of 540 sq.ft., at Kandiyur
Revenue Village, Thiruvaiyaru Taluk, Thanjavur District and natham Survey
No.16/1B to an extent of 1994 sq.ft., and natham Survey No.21/A7 to an extent
of 84.5 sq.ft., at Kandiyur Revenue Village, Thiruvaiyaru Taluk, Thanjavur
District and nanjai Survey Nos.344/2, 346, 348/2 to an extent of 4 acre 11 cents
at Karunthattankudi Registration District, Nagathi Revenue Village,
Thiruvaiyaru Taluk, Thanjavur District.
2.It is the grievance of the petitioner that when he presented the sale
deed in respect of the aforesaid properties for registration, it was refused by the
1st respondent on the ground that original document has not been produced.
Therefore, the petitioner has filed this Writ Petition with the aforesaid prayer.
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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
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, this Writ Petition is allowed with a
direction to the 1st respondent to register the document presented by the
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petitioner, within a period of one week from the date of receipt of a copy of this
order. No costs. Consequently, connected miscellaneous petition is closed.
18.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
1.The Sub Registrar,
Sub Registrar Office, Thiruvaiyaru,
Thiruvaiyaru Taluk, Thanjavur District.
2.The Sub Registrar,
Sub Registrar Office, Karunthattankudi,
Thanjavur Town, Thanjavur District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J
Yuva
18.09.2024
https://www.mhc.tn.gov.in/judis
