O R D E R

The petitioner has filed this petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned Refusal Check Slip in Refusal No.RFL/Paramathi/92/2021, dated 30.11.2021, passed by the respondent and to quash the same as illegal, incompetent and ultra-vires and consequently direct the respondent to register the partition deed without insisting for the production of original parent document and cancellation of expired lease.

2. The case of the petitioner is that his father had purchased a property, to an extent of 0.96-1/2 acres, out of 6.52 acers in old S.F.No.341/1 and new S.F.No.341/1B, in UDR Patta No.217, situated in Kunnamalai Village, for a valuable consideration and also that a property in Grama Natham house property vide Grama Natham Patta No.253 in S.F.No.299/21 was sold to the petitioner's father by one of his brothers, for a valuable sale consideration. While so, the petitioner's mother died on 20.01.2022, intestate leaving behind her husband, son and daughter. Subsequently, the father of the petitioner had passed away, leaving behind his son/petitioner and his daughter one Lakshmi. Thereafter, it came to the knowledge of the petitioner that his father had leased out his undivided share of the property, that he had purchased jointly with his three brothers in S.F.No.290, 297, 298 and 299 to one Ramasamy Gounder and Sengoda Gounder vide registered lease agreement in Document No.1062 of 1973 and the lease period is only for five years and it also got expired on 13.06.1978. Thereafter, the petitioner had leased out the subject property to one C.Rajagopal for a period of five years and after completion of the lease period, he had been in possession of the property. Thereby, the petitioner presented a partition deed for registration before the respondent. However, the same was refused and returned by stating that the original documents have not produced and lease deed has not been cancelled vide Refusal Check Slip in Refusal No.RFL/Paramathi/92/2021. Challenging the said Refusal Check Slip, the present Writ Petition has been filed.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that though the petitioner annexed the certified copy of the parent document, even then the respondent refused to register the document is not sustainable, the issue involved in the present case, is no more res-integra. He further relied upon the decision of this Court in W.P.(MD)No.19745 of 2020, order dated 11.02.2021, wherein it has been held that mere copy of the document is more sufficient to entertain the document for registration. The relevant portion of the above said order is extracted hereunder:-

"8.This Court is entirely in agreement with the submissions made on behalf of the petitioner in this regard. The latest decision of the learned Single Judge appears to have not considered the implication of the Circular with reference to the scheme of the relevant Act. On the other hand, the above three decisions cited on behalf of the petitioner would certainly hold the field and in which event, insistence on production of original Title Deeds by the Registering Authority is without any authority of law. The Circular issued by the Inspector General of Registration, Chennai in this regard cannot have any sanctity, unless the power of issuance of such Circular is authorized under the provisions of the Act. This Court has consistently held that no such power can be read into Act, in the absence of any specific provisions and in that view of the matter, as rightly contended by the learned Counsel for the petitioner, the subject issue is no more res-integra. As far as the latest decision of the learned Single Judge is concerned, being a kind of a contra view, this Court is of the opinion that the order passed by the learned Single Judge of this Court in W.P.(MD)No.16768 of 2020, dated 26.11.2020 has not appreciated the provisions of the Act,