The High Court dismissed the writ appeal against an order refusing to register a release deed without the original. While upholding the refusal based on Rule 55A, the Court directed the police station to entertain a complaint regarding the loss of the document.
Writ appeal dismissed; police station directed to entertain complaint regarding lost document.
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.A.No.1637 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.09.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
Writ Appeal No.1637 of 2022
Ramji Ratnam .. Appellant
Vs.
The Sub Registrar T.Nagar Chennai.
.. Respondent
Prayer: Appeal under Clause 15 of the Letters Patent filed against the
order dated 10.02.2022 made in W.P.No.2471 of 2022.
For the Appellant
: Mr.Anil Relwani
For the Respondent : Mr.P.Muthukumar State Government Pleader
Page 1 of 5
W.A.No.1637 of 2022
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
The writ appeal has been directed against the order dated 10.02.2022 made in W.P.No.2471 of 2022, wherein the learned Single Judge set aside the order of the respondent refusing to register the release deed for the sole reason that the original document has not been produced.
Page 2 of 5
W.A.No.1637 of 2022
Rule 55A, which reads as under:
"55A. (i) The registering officer before whom a document relating to immovable property is presented for registration, shall not register the same, unless the presentant produces the previous original deed by which the executant acquired right over the subject property and an Encumbrance Certificate pertaining to the property obtained within ten days from the date of presentation:
... "
Page 3 of 5
W.A.No.1637 of 2022
will be no order as to costs. Consequently, CMP No.11079 of 2022 is also dismissed.
(T.R., ACJ.) (D.K.K., J.) 28.09.2022
kpl
To
The Sub Registrar T.Nagar Chennai.
Page 4 of 5
W.A.No.1637 of 2022
T.RAJA, ACJ, and D.KRISHNAKUMAR,J
(kpl)
W.A.No.1637 of 2022
28.09.2022
Page 5 of 5
3 issues framed by the court
Whether a registering officer can refuse to register a release deed solely because the original document is not produced.
Whether the jurisdictional police station should entertain a complaint regarding the loss of a document when CCTV footage is insisted upon.
Whether a writ appeal against an order refusing registration of a document should be allowed.
1 provisions across 1 enactments
Ramji Ratnam
The Sub Registrar T.Nagar Chennai
T. Raja
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
