Madras High Court
B.Deepan vs The Sub Registrar on 3 February, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No.3350 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.3350 of 2025
B.Deepan ... Petitioner
Vs.
The Sub Registrar
Avinashi
Tiruppur District ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining
to the refusal check slip in RFL/Avinashi/3/2025 dated 25.01.2025 and quash the
same as illegal, incompetent and ultravires and consequently direct the
respondent to register the settlement deed dated 25.01.2025 for the property in
S.No.484/2, 485, 486, 487, 489, 490/1, 490/2 and 491, in which the total extent is
11.83 Acrs out of which 2/3rd share of 7.88 Acres in which land to an extent of 2
Acres at Rakkiyapalayam Village, Avinashi Taluk, Tiruppur District.
For Petitioner : Mr.R.Jayaprakash
For Respondent : Mr.M.Shahjahan
Special Government Pleader
ORDER
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This Writ Petition has been filed challenging the impugned refusal check
slip dated 25.01.2025 issued by the respondent and for a consequential direction
to the respondent to register the settlement deed dated 25.01.2025, wherein the
petitioner's mother wanted to settle the subject property in favour of the
petitioner.
2.Heard Mr.R.Jayaprakash, the learned counsel appearing on behalf of the
petitioner and Mr.M.Shahjahan, the learned Special Government Pleader
appearing for the respondent.
3.The refusal check slip has been issued by the respondent on two grounds
and they are;
a. the H.R.& C.E. department through letter dated 27.08.2023 has directed
the respondent not to register certain properties on the ground that it belongs to
the temple; and
b. the original title documents have not been presented at the time of
registration.
4.In so far as the first ground is concerned, the respondent can always
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conduct a summary enquiry and take a decision. This Court can take note of the
judgment of division bench in D.Kalaiyarasan V. Inspector General of
Registration and others reported in (2017) AR Mad 203 and the relevant
portions are found at paragraphs 22 and 23 of the judgment. Hence, the claim
made by the temple and H.R.&C.E. Department can be decided by the respondent
by conducting a summary enquiry as directed by the division bench.
5.In so far the second ground is concerned, this Court has repeatedly held
that the original title document cannot be insisted upon for the purpose of
registration of a document. Useful reference can be made to the judgment of the
division bench in W.A.No.1160 of 2024 dated 27.09.2024. In view of the same, it
will suffice if the third proviso to Rule 55A of the Tamil Nadu Registration Rules
is satisfied and in which event, original document cannot be insisted. This clarity
will sufficiently take care of the grievance of the petitioner and if ultimately the
respondent proceeds to register the document, this observation shall be taken note
of and the original title document need not be insisted.
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N. ANAND VENKATESH, J.
kas
6.In so far as the first direction for conducting a summary enquiry, it shall
be completed within a period of six (6) weeks from the date of receipt of a copy
of this order.
7.This writ petition is disposed of with the above direction. No costs.
03.02.2025
Index : Yes / No
Neutral Citation
kas
To.
The Sub Registrar
Avinashi
Tiruppur District
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