Zaibunnisa Begum @ Zaib Basheer vs Sub-Registrar
2025 Latest Caselaw 1619 Mad

Madras High Court

Zaibunnisa Begum @ Zaib Basheer vs Sub-Registrar on 8 January, 2025

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                        W.P.No.159 of 2025

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 08.01.2025

                                                                 CORAM:

                     THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                                         W.P.No.159 of 2025

                     Zaibunnisa Begum @ Zaib Basheer                                       ... Petitioner

                                                                   Vs
                     1.           Sub-Registrar,
                                  South Chennai Joint- I,
                                  Office of the Sub-Registrar,
                                  Chennai.

                     2.           The Inspector General of Registration,
                                  Office of the Inspector General of Registration,
                                  Santhome, Chennai.                                    ... Respondents

                     Prayer: Writ Petition filed under Article 226 of Constitution of India for the
                     issuance of Writ of Mandamus, directing the first respondent to register and
                     release the settlement deed dated 29.10.2024 executed by the petitioner
                     bearing pending Document No.P/Chennai South Joint I/562/2024 vide
                     Receipt No.19170/ 2024 dated 29.10.2024 on the file of the first respondent.


                                        For Petitioner           : Mr.M.Nuzhath Khanam

                                        For R1 & R2              : Mr.M.Shahjahan
                                                                   Special Government Pleader


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                                 W.P.No.159 of 2025

                                                                  ORDER

The writ petition is filed to direct the first respondent to register and

release the settlement deed dated 29.10.2024 executed by the petitioner

bearing pending Document No.P/Chennai South Joint I/562/2024 vide

Receipt No.19170/ 2024 dated 29.10.2024.

2. The grievance of the petitioner is that despite submitting a settlement

deed for registration and making a representation to the first respondent, the

document has been kept pending without any action.

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

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).

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

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. In view thereof, upon compliance of the procedure namely by filing

an affidavit and also on production of the newspaper publications, the

respondent is directed to register the settlement deed and release the

document. Accordingly, this writ petition is disposed of on the same terms.

No costs.

08.01.2025 Neutral Citation: Yes/No nsl

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

D.BHARATHA CHAKRAVARTHY, J.

nsl

To

1. The Sub-Registrar, South Chennai Joint- I, Office of the Sub-Registrar, Chennai.

2. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome, Chennai.

08.01.2025

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