Madras High Court
V.Soundarajan vs The Joint Sub-Registrar No.1 (Salem ... on 8 January, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.Nos. 134 & 136 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos. 134 & 136 of 2025
and
W.M.P.Nos. 149 & 151 of 2025
W.P.No.134 of 2025
V.Soundarajan ... Petitioner
Vs
The Joint Sub-Registrar No.1 (Salem East),
Office of District Registrar,
Salem. ... Respondent
Prayer: Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Certiorarified Mandamus, to call for the records relating
to the impugned order/Refusal Check Slip dated 17.12.2024 made in
RFL/Joint Sub Registrar No.1 Salem East/215/2024 issued by the respondent
and quash the same and consequently direct the respondent to register the
settlement deed document presented by the petitioner without insisting the
production of original parent document within the time fixed by this Court.
1/5
https://www.mhc.tn.gov.in/judis
W.P.Nos. 134 & 136 of 2025
W.P.No.136 of 2025
V.Srinivasan ... Petitioner
Vs
The Joint Sub-Registrar No.1 (Salem East),
Office of District Registrar,
Salem. ... Respondent
Prayer: Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Certiorarified Mandamus, to call for the records relating
to the impugned order/Refusal Check Slip dated 17.12.2024 made in
RFL/Joint Sub Registrar No.1 Salem East/214/2024 issued by the respondent
and quash the same and consequently direct the respondent to register the
settlement deed document presented by the petitioner without insisting the
production of original parent document within the time fixed by this Court.
In both W.Ps.
For Petitioner : Mr.R.Nalliyappan
For Respondent : Mr.M.Shahjahan
Special Government Pleader
2/5
https://www.mhc.tn.gov.in/judis
W.P.Nos. 134 & 136 of 2025
COMMON ORDER
These two writ petitions are filed to call for the records of the
respondent pertaining to the impugned order/refusal check slip dated
17.12.2024, quash the same and consequently direct the respondent to register
the settlement deed dated 17.12.2024 executed by the petitioner without
insisting the production of original parent document.
2. The grievance of the petitioner is that since the original parent
document was not produced, the refusal slip was issued. The matter is no
longer res integra.
3. The Hon’ble Division Bench of this Court has held that the
production of original document is not necessary under all circumstances.
The learned Single Judge of this Court, the Hon’ble Mr.Justice S.Sounthar, in
W.P.No. 22270 of 2024 dated 14.08.2024 has considered the relevant
judgments and issued detailed directions regarding the procedure which is to
https://www.mhc.tn.gov.in/judis
W.P.Nos. 134 & 136 of 2025
be followed wherever the original parent deed is not produced. The
paragraph No.17 of the said judgment is extracted hereunder:-
“17. As mentioned earlier, failure to produce
original title document is not a ground to refuse registration
provided petitioner satisfy third proviso to Rule 55-A(i).
Therefore, the impugned Refusal Check Slip issued by the
2nd respondent in RFL/CHENNIMALAI/25/2024, dated
30.04.2024 is quashed and the petitioner is directed to
represent the document before the 2nd respondent within a
period of two weeks from today, along with an affidavit
mentioning the fact of loss of original title document and
untracability of the same. The petitioner shall also enclose
newspaper advertisement issued by him in leading Tamil
newspapers having wide circulation in Erode District. The
Newspaper advertisement shall disclose loss of orginal title
deed and intention of the Seller to convey the property. On
fulfilment of these two conditions, the 2nd respondent is
directed to register the same.”
4. Accordingly, these writ petitions are disposed of on the same terms.
No costs.
08.01.2025
Neutral Citation: Yes/No
nsl
To
The Joint Sub-Registrar No.1 (Salem East),
Office of District Registrar, Salem.
https://www.mhc.tn.gov.in/judis
W.P.Nos. 134 & 136 of 2025
D.BHARATHA CHAKRAVARTHY, J.
nsl
W.P.Nos. 134 & 136 of 2025
08.01.2025
https://www.mhc.tn.gov.in/judis
