W.P.(MD)No.7600 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 21.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

W.P.(MD)No.7600 of 2022

R.Karthikeyaraaja

... Petitioner

vs.

1.The Inspector General of Registration,

Tamil Nadu Registration Department,

No.100, Santhome High Road,

Chennai – 600 028.

2.The Sub Registrar,

Aathur Sub Registrar Office,

Aathur, Dindiugl District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India for issuance of Writ of Certiorarified Mandamus, to call for

the records pertaining to the impugned refusal check slip in Refusal

No. RFL/ Kannivadi/24/2022 dated 08.04.2022 issued by the second

respondent and quash the same as illegal and consequently to direct

the second respondent to register the sale deed dated 08.04.2022

presented by the petitioner namely vendee for registration without

insisting for the production of original parental document in the

light of the order made by this in the case of Vijayandran Vs I.G of

Registration reported in 2011 (2) LW 648.

For Petitioner

:Mr.S.Muthukumar

For Respondents

:Mr.S.Shanmugavel

Additional Government Pleader

*****

O R D E R

This Writ Petition has been filed challenging the impugned

refusal check slip issued by the second respondent, dated 08.04.2022

refusing to register the sale deed presented by the petitioner for

registration on the ground that the petitioner has not produced the

original parent document.

2.The issue is now well settled by various decisions of this

Court. It has been held in all those decisions that production of

original title deeds is not mandatory and the registering authority

is not empowered to insist for production of original documents

(parent documents) in the absence of specific provision under the

Registration Act. The circular issued by the Inspector General of

Registration, Chennai, cannot have legal sanctity unless the power

of issuance of such circular is authorised under the provisions of

the Act.

3.By total non application to the settled law, the impugned

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W.P.(MD)No.7600 of 2022

refusal check slip has been issued by the second respondent refusing

to register the sale deed presented by the petitioner for

registration on the ground that original parent documents have not

been produced by the petitioner. Since there is no necessity to

produce the original parent documents and it would suffice that

certified copies of parent documents are produced, the impugned

refusal check slip has to be necessarily quashed and the Writ

Petition has to be allowed.

4.Accordingly, the impugned refusal check slip issued by the

second respondent, dated 08.04.2022 is hereby quashed and the second

respondent is directed to register the sale deed presented by the

petitioner for registration, if the same is otherwise in order and

the petitioner has paid the necessary stamp duty and registration

charges and also produced the certified copies of the parent

documents and the second respondent shall not insist for producing

the original parent documents, within a period of four weeks from

the date of receipt of a copy of this order.

5.With the aforesaid directions, this Writ Petition is disposed

of. No costs.

Sd/-

Assistant Registrar (Records)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

cmr

To

1.The Inspector General of Registration,

Tamil Nadu Registration Department,

No.100, Santhome High Road,

Chennai – 600 028.

2.The Sub Registrar,

Aathur Sub Registrar Office,

Aathur, Dindiugl District.

+1 CC to M/s.S. MUTHUKUMAR, Advocate ( SR-20376[F] dated

22/04/2022 )

+1 CC to M/s.SPL.GP. ( SR-20520[F] dated 22/04/2022 )

W.P.(MD)No.7600 of 2022

21.04.2022

RD(12.05.2022) 2P 5C

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