Allowed

T.Balamani v. the Sub Registrar

Madras HC29 Jul 2024WP/21267/2024

Case brief

AI extract

What is this about?

Settlement deed registration refused for non-production of original registered documents. Court followed prior rulings that Sub Rule XX of Rule 162 lacks statutory backing and an affidavit undertaking suffices, quashed the refusal slip, and directed registration within fifteen days.

What did the court decide?

Refusal Check Slip dated 15.07.2024 quashed; respondent directed to register settlement deed dated 13.07.2024 within fifteen days; no costs; connected miscellaneous petition closed.

T.Balamani Vs the Sub Registrar — Property and Title | Madras HC (2024)

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W.P.No.21267 of 2024 and W.M.P.No.23235 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.07.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.No.21267 of 2024

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and W.M.P.No.23235 of 2024

T.Balamani

... Petitioner

versus

The Sub Registrar, Rayakottai, Krishnagiri District.

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... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records in Refusal slip issued by the respondent in RFL/Rayakottai/21/2024 dated 15.07.2024 and quash the same and direct the respondent to register the settlement of the petitioner dated 13.07.2024 .

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For Petitioner : Mr.A.Maheshnath for M/s.Law Firm

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For Respondent : Mr.Stalin Abhimanyu Additional Government Pleader

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O R D E R

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By consent of both sides, this Writ Petition is disposed of at the

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stage of admission itself.

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

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W.P.No.21267 of 2024 and W.M.P.No.23235 of 2024

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2 . This Writ Petition is filed to quash the Refusal Check Slip in

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Refusal Number : RFL/Rayakottai/21/2024 dated 15.07.2024 and consequently direct the respondent to register the same.

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3 . Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent and perused the materials available on record.

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4 . It is the grievance of the writ petitioner that when the Settlement Deed was presented for registration, the respondent refused to register the same on the ground that the original registered documents were not produced by the petitioner.

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5 . It is relevant to note that this Court in the case of Federal

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Bank Vs. Sub Registrar , reported in 2023 (2) CTC 289 has held that Sub Rule XX of Rule 162 has no statutory backing. The said order has been followed by a Division Bench of this Court in the case of M. Ariyanatchi v Inspector General made in W.A.(MD).No. 856 of 2023, dated 27.06.2023, wherein, Division Bench of this Court has held that, for instance, the

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

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W.P.No.21267 of 2024 and W.M.P.No.23235 of 2024

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original document is held by one co-owner, the Sub-Registrar can always

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take an undertaking or a declaration in the form of an affidavit from the vendors to the effect that the original document is with the said person and register the document. Hence, the Sub-Registrar cannot refuse to register a document merely because the original parent deed has not been produced.

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In such view of the matter, the impugned refusal slip has to be set aside.

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6 . Accordingly, this Writ Petition is allowed and the impugned Refusal Check Slip dated 15.07.2024 is quashed and the respondent is directed to register the Settlement Deed dated 13.07.2024 presented by the petitioner within a period of fifteen days from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

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29.07.2024

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Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No

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sri

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3/4

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

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W.P.No.21267 of 2024 and W.M.P.No.23235 of 2024

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N.SATHISH KUMAR, J.

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sri

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The Sub Registrar, Rayakottai, Krishnagiri District.

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W.P.No.21267 of 2024 and W.M.P.No.23235 of 2024

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29.07.2024

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4/4

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

T.Balamani v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

T.Balamani v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

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