Madras High Court
C.Parvathi vs The Inspector General Of Registration on 30 September, 2021
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.21151 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.21151 of 2021
C.Parvathi ...Petitioner
Vs.
1.The Inspector General of Registration,
Santhome High Road,
Mylapore, Chennai – 4
2.The Joint Sub-Registrar - II
Sub-Registrar
Dharmapuri. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, to direct the 2nd respondent to
register the/ Sale Deed dated 3.9.2021 RFL Joint Sub Registrar – II
Dharmapuri/48/2021 dated:03.9.2021.
For petitioner : Mr. Selvam
For respondents : Mr.Yogesh Kannadasan
Government Advocate
1/8
https://www.mhc.tn.gov.in/judis/
W.P.No.21151 of 2021
ORDER
This writ petition has been filed for a mandamus to directing the second respondent to register the Sale deed dated 03.09.2021.
2.The case of the petitioner is that she is an agriculturist and in the year 1991, she purchased a property from one Mottaiyan @ Perumal in Survey No.240/2 to an extent of 1.11.0 Hects in Akkamanhalli Village, Dharmapuri Taluk, Dharmapuri District vide Document No.1902/1991 registered before the Joint Sub-Registrar -II, Dharmapuri.
3.According to the petitioner, she is in possession and enjoyment of the same by paying all the taxes regarding the aforesaid land.
4.The petitioner submits that while take xerox, she lost her baggage along with original documents and she searched the document everywhere but she could not find the same and hence, she gave a police complaint regarding the lost document, the Police has issued a non traceable certificate dated 11.08.2021 in C.R.P.21111839 and has also issued a CSR copy.
1/8https://www.mhc.tn.gov.in/judis/ W.P.No.21151 of 2021
5.The petitioner further submits that she has also given a paper publication on 12.08.2021 in local daily newspapers viz., Makalkural about the lost document.
6.According to the petitioner, she wanted to sell the property in favour Poongodi and she has executed a Sale Deed dated 02.09.2021 and she presented the same before the second respondent for registration on 03.09.2021 but the second respondent has returned the document vide Refusal Slip No.RLJ Joint Sub-Registrar-II Dharmapuri/48/2021 dated 03.09.2021 on the ground that the original parent document were not presented for verification and also to produce the non-traceable certificate.
7.In support of her contention, she relied upon the Circular issued by the first respondent vide Circular No.25600/C1/2018. The relevant paragraphs of the said Circular is extracted hereunder:
...5.,e;Neh;Tfspy; Kd; gjpT mry; Mtzk;
fhzhky;NghapUf;Fk; epfo;tpy;, Mtzj;jpd; rhd;wpl;l 1/8 https://www.mhc.tn.gov.in/judis/ W.P.No.21151 of 2021 efypid Mtzjhuh; jhf;fy; nra;a Ntz;Lk; vdTk;, njhlh;Gila mry; Mtzk; fhzhky; NghdJ Fwpj;J nrhj;jpd; chpikahsuhy; - fhty;epiyaj;jpy; Gfhh; mspj;jjd; (CSR) efYk;, nra;jpj;jhspy; mJ njhlh;ghf Nkw;nfhs;sg;gl;l tpsk;guj;jpd; efYk; gjpT mYtyhpd; ghprPyidf;Fj; jhf;fy; nra;aNtz;Lk; vdTk; njhptpf;fg;gl;Ls;sJ.
7(f)mry; Mtzk; njhiye;J Nghd epiyapy; mJ rk;ge;jkhf fhty; epiyaj;jpy; Gfhh; mspj;J ngwg;gl;l CSR efy; kw;Wk; mJ njhlh;ghf fz;Lgpbf;f ,aytpy;iy vd;w rhd;W (Non Traceable Certificate) toq;fg;gl;L ,Ug;gpd; me;j rhd;Wk;... ,J njhlh;ghf nra;jpjhspy; nfhLf;fg;gl;l tpsk;guk; rk;ge;jg;gl;l Mtzj;jpd; Fwpg;G Mtzkhf (Reference Document) xsptUly; nra;aNtz;Lk;.
8.The petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence, the writ petition filed.
9.Heard, learned counsel for the petitioner and the learned Government Advocate for the respondents and perused the materials available on record.
1/8https://www.mhc.tn.gov.in/judis/ W.P.No.21151 of 2021
10.On going through typed set of papers, it is seen that the petitioner while take xerox, the petitioner lost her baggage along with original documents and she gave a police complaint regarding the lost document, the Police has issued a non traceable certificate dated 11.08.2021 in C.R.P.21111839 and has also issued a CSR copy. The petitioner has also given paper publication on 12.08.2021 in local daily newspapers viz., Makalkural about the lost document. The petitioner has executed a Sale Deed dated 02.09.2021 and presented the same before the second respondent for registration on 03.09.2021 but the second respondent has returned the document vide his refusal slip No.RLJ Joint Sub-Registrar-II Dharmapuri /48/2021 dated 03.09.2021 on the ground that the original parent document were not presented for verification and also to produce the non-traceable certificate.
11.In view of the above facts and circumstances of the case and the submission made by the petitioner as well as taking into consideration of the Circular issued by the first respondent dated 07.06.2018, this Court is of the 1/8 https://www.mhc.tn.gov.in/judis/ W.P.No.21151 of 2021 view that the second respondent shall register the said document on production of certified copy of the document, CSR and Non-traceable certificate issued by the Police, Paper publications, Encumbrance Certificate and Aadhar card in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
12.With the above observation and direction, this Writ Petition is disposed of. No costs.
30.09.2021 Index: Yes/no Speaking Order: Yes/no dk/pam 1/8 https://www.mhc.tn.gov.in/judis/ W.P.No.21151 of 2021 To
1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai – 4
2.The Joint Sub-Registrar - II Sub-Registrar Dharmapuri.
1/8https://www.mhc.tn.gov.in/judis/ W.P.No.21151 of 2021 V.BHAVANI SUBBAROYAN, J.
dk W.P.No. 21151 of 2021 30.09.2021 1/8 https://www.mhc.tn.gov.in/judis/