The Madurai Bench of the Madras High Court quashed a Refusal Check Slip issued by a Sub Registrar and directed registration of a sale deed, relying on the precedent that the Registration Act does not mandate original document production.
Quashment of Refusal Check Slip; Direction to register the Sale Deed if stamp duty is paid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.9519 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.9519 of 2019
(Through Video Conference)
A.Prakash
...Petitioner
Vs.
Office of Inspector General of Registration,
4/4. 4th Trust Link Street,
Mullima Nagar, Mandavelipakkam,
Raja Annamalaipuram,
Chennai 600 004
Sub Registrar Office, Theppakulam, Madurai,
Madurai District.
... Respondents
P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the Refusal Check Slip dated 11.04.2019 I Refusal Number:RFL/Theppakullam/22/2019 of the 2 nd respondent and quash the same and direct the 2 nd respondent to register the Sale Deed dated 11.04.2019 executed in the name of the petitioner.
For Petitioner : Mr.B.Rajesh Saravanan
For RR 1 & 2 : Mr.M.Lingadurai, Government Advocate ******
O R D E R
This Writ Petition has been filed challenging the Refusal Check Slip issued by the second respondent on the ground that the original title documents were not furnished at the time when the document was presented for registration.
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W.P.(MD) No.9519 of 2019
526 . This Court has categorically held that the registering Authority cannot insist for production of the original documents and such an Authority has not been provided under the Registration Act.
6. This Writ Petition is allowed with the above directions. No costs.
Assistant Registrar (AS)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
sts
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram,
Chennai 600 004
Sub Registrar Office, Theppakulam, Madurai,
Madurai District.
+1 CC to M/s.SPL GP ( SR-21717[F] dated 08/07/2021 )
W.P.(MD) No.9519 of 2019 Dated: 07.07.2021
https://hcservices.ecourts.gov.in/hcservices/ RK (16.07.2021) 2P 4C
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2 issues framed by the court
Whether the registering authority can insist on the production of original title documents despite the absence of a provision in the Registration Act.
Whether the Refusal Check Slip issued for non-production of original documents is sustainable in law.
Colour shows how this judgement treated each authority
Sivanadiyan v. Sub Registrar, Pudukottai, Pudukottai DistrictApplied¶28
Sivanadiyan v. Sub Registrar, Pudukottai, Pudukottai District, 2021 (2) CTC
2 provisions across 2 enactments
A. Prakash
Inspector General of Registration
Sub Registrar, Theppakulam, Madurai
H. Shahin Sha
H. Sabibulla Bava
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
