V. Ramasubramanian & N. Kirubakaran, JJ.

The Inspector General of Registration of the State of Tamil Nadu and the Sub-Registrar of Tallakulam, Madurai, have come up with the above writ appeals challenging a common order passed by a learned Judge in two writ petitions filed by the respondent herein, seeking a direction to the appellants to register and return a sale deed and a gift deed presented for registration.

2. We have heard Mr.K. Chellapandian, learned Additional Advocate General, appearing for the appellants and Mr.J. Barathan, the respondent, appearing in person.

3. Under a sale deed executed by one Mr.V.Balasubramanian on 15.12.2014, claiming to be the power agent of the owners Mrs.A. Balamani and her son, the respondent purchased a house site, bearing Plot No. 8, in Re-survey No. 66/2 in Sriram Garden, Ulkadai Kodikulam Village, Madurai North Taluk, Madurai District. By a deed of gift, executed on the same day, namely 15.12.2014, the aforesaid Mr.V. Balasubramanian, the power agent of the land owners Mr.A. Balamani and her son, also gifted a small extent of land in favour of the Madurai City Municipal Corporation for the purpose of formation of a road in the lay-out known as "Sriram Garden".

4. The sale deed as well as the gift deed, executed by Mr.V. Balasubramanian, as the power agent of the actual owners, were submitted for registration to the 2nd appellant herein and necessary registration fee was also paid. On the sale deed, sufficient stamp duty had also been paid in the form of Non-Judicial Stamp Papers.

5. However, the 2nd appellant herein, after assigning pending document Nos. P-113 and P-114, respectively for the sale deed and the gift deed, kept the documents without completion of registration on the ground that the executant of the documents should furnish a life certificate to the effect that the principals were alive. This demand for the production of a life certificate made by the 2nd appellant was on the basis of a Circular, bearing No. 189/C1/2013, dated 02.02.2013, issued by the 1st appellant.

6. As per the said Circular, dated 02.02.2013, any document executed by a power agent and presented for registration should be accompanied by a life certificate containing the photograph of the principal. Such certificate should also be signed by a Registered Medical Practitioner or an officer belonging to Group-A Services of the Central or State Government. The Circular further indicated that the life certificate should have been issued within a period of 30 days preceding the date of presentation of the document for registration. The Circular also made it clear that if the deed of power of attorney itself had been registered within 30 days, immediately preceding the date of registration, then the document need not be accompanied by a life certificate.

7. Therefore, on the basis of the said circular, the 2nd appellant demanded a life certificate and kept both the sale deed and the gift deed pending for registration for the production of such a certificate.

8. But, the respondent, who was the purchaser of the plot of land under the sale deed, issued a legal notice to the 2nd appellant, enclosing a copy of the judgment of this court in Confederation of Real Estate Developers' Association of India (CREDAI) v. State of Tamil Nadu, 2014 (6) CTC 13 and claiming that the Circular, on the basis of which the demand was made, had itself been set aside by this Court and that therefore the 2nd appellant cannot make a demand. However, the 2nd appellant was unmoved. Therefore, the respondent herein filed two writ petitions in W.P.(MD)Nos.5484 and 5485 of 2015, praying for the issue of a writ of mandamus to direct the 2nd appellant, respectively, to register the sale deed and the gift deed, executed on 15.12.2014 which were kept pending as Document Nos.P-113 and P-114. Both the writ petitions were allowed by a learned Judge by a common order, dated 13.07.2015. Aggrieved by the said order, the appellants have come up with