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2025 DAILYLAW 109770 (MAD)

K.VELUSAMY v. THE SUB REGISTRAR

WP/39547/2024 · 2025-01-02

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.39547 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2025 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.No.39547 of 2024 K.Velusamy ...Petitioner Vs The Sub-Registrar, Moolanur Sub-Registrar Office, Tiruppur District ...Respondent PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the refusal check slip in refusal number RFL/Moolanur/56/2024 dated 28.11.2024 and to quash the same as illegal, incompetent and ultravires and consequently direct the respondent to register the settlement deed dated 28.11.2024 executed by the petitioner. For Petitioner : Mr.M.Guruprasad For Respondent : Mr.C.Sathish Government Advocate 1/4 https://www.mhc.tn.gov.in/judis W.P.No.39547 of 2024 ORDER Challenging the refusal check slip issued by the respondent against the registration of a settlement deed dated 28.11.2024, the petitioner is before this Court. 2. The respondent had refused to register the said document on the ground that the parent documents were not produced at the time of registration. 3. Heard the learned counsels on the either side and perused the records. The learned Government Advocate takes notice on behalf of respondent. 4. Section 22- A of the Registration Act, which is inserted by the Tamil Nadu Act 48 of 1997, sets out the grounds under which the Sub Registrar could refuse the registration. The reason that is given in the impugned order does not come within any of the grounds given in Section 22-A of the Registration Act. Therefore, the impugned order is not sustainable. The respondent is duty bound to register the document. 2/4 https://www.mhc.tn.gov.in/judis W.P.No.39547 of 2024 5. Accordingly, the Writ Petition is allowed. The impugned refusal check slip in RFL/Moolanur/56/2024 dated 28.11.2024 issued by the respondent is quashed. The respondent is directed to register the settlement deed dated 28.11.2024 within a period of 2 weeks, from the date of its representation by the petitioner. No costs. 02.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To The Sub-Registrar, Moolanur Sub-Registrar Office, Tiruppur District 3/4 https://www.mhc.tn.gov.in/judis W.P.No.39547 of 2024 P.T.ASHA , J, ep W.P.No.39547 of 2024 02.01.2025 4/4 https://www.mhc.tn.gov.in/judis