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Pandurengan v. The Sub Registrar

Madras HC18 Mar 2025WP(MD)/6942/2025

Case brief

AI extract

What is this about?

Refusal check slip; registration of power deed; original document not necessary for registration; P.Pappu Vs. Sub Registrar, Rasipuram [2024 (5) CTC 575]; Division Bench view accepted by Supreme Court on dismissal of State's SLP; Article 226 Constitution of India; Writ of Certiorarified Mandamus; Madras High Court Madurai Bench; Sub Registrar Thiruchirappalli; quashing of refusal; direction to register within two weeks; compliance reporting after three weeks; no costs.

What did the court decide?

Impugned refusal check slip (RFL/3 Joint Sub Registrar Trichy/12/2025 dated 30.01.2025) quashed; respondent/Sub Registrar directed to register the power deed within two weeks; matter called after three weeks for reporting compliance; no costs. ¶17

Pandurengan Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned refusal check slip refusing registration of the power deed submitted by the petitioner is illegal and unconstitutional and liable to be quashed, with a consequential direction to register the power deed.

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Court's answer

In line with the Division Bench ruling in P.Pappu, whose view found acceptance by the Supreme Court upon dismissal of the State's special leave petition, it is not necessary for a party to enclose the original document for the purpose of registration; accordingly the impugned refusal could not be sustained.

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Ratio / Principle

The impugned refusal check slip bearing Refusal No. RFL/3 Joint Sub Registrar Trichy/12/2025 dated 30.01.2025 is quashed.

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Key takeaways

The respondent/Sub Registrar is directed to register the power deed submitted by the petitioner within two weeks from receipt of a copy of the order; the matter is to be called after three weeks for reporting compliance.ratio¶17

Detailed headnote1 paragraphs

Writ Petition (Madurai Bench) under Article 226 seeking Certiorarified Mandamus against a refusal check slip (Refusal No. RFL/3 Joint Sub Registrar Trichy/12/2025 dated 30.01.2025) issued by the Sub Registrar declining registration of a power deed. Held, following the Division Bench judgment of this Court in P.Pappu Vs. Sub Registrar, Rasipuram [2024 (5) CTC 575] — whose view found acceptance by the Supreme Court on dismissal of the State's special leave petition — that it is not necessary for a party to enclose the original document for the purpose of registration. The impugned refusal check slip was quashed, the Sub Registrar was directed to register the power deed within two weeks of receipt of a copy of the order, and the matter was directed to be listed after three weeks for reporting compliance. No costs.

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W.P(MD)No.6942 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

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Writ Petition(MD)No.6942 of 2025

Pandurengan

..Petitioner

The Sub Registrar, No.3, Joint Sub Registrar Office, Thiruchirappalli, Thiruchirappalli District. ..Respondent

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the impugned refusal check slip issued by the respondent vide refusal Number RFL/3 Joint Sub Registrar Trichy/12/2025 30.01.2025 and quash the same as illegal and unconstitutional and consequently direct the respondent herein to register power deed submitted by the petitioner within a time stipulated by this Court.

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For Petitioner : Mr.S.Ramakrishnan For Respondent : Mr.N.Ramesh Arumugam Govt. Advocate

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

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W.P(MD)No.6942 of 2025

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ORDER

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The issue raised in this writ petition is squarely covered by the Judgment of this Court in P.Pappu Vs. Sub Registrar, Rasipuram [2024 (5) CTC 575] . A Division Bench of this Court held that it is not necessary for the party to enclose the original document for the purpose of registration. The view taken by the Division Bench in Pappu's case found acceptance by the Supreme Court by the dismissal of the special leave petition preferred by the State against the order of the Division Bench. Consequently, I am not in a position to sustain the impugned order . Hence, the impugned refusal check slip in refusal Number RFL/3 Joint Sub Registrar Trichy/12/2025 dated 30.01.2025 is quashed. The writ petition is allowed. There shall be a direction to the respondent/Sub Registrar to register the power deed submitted by the petitioner within a period of two weeks from the date of receipt of a copy of this order. No costs.

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