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D.Thanikachalam vs the Sub -Registrar

D.Thanikachalam vs The Sub -Registrar

Type Court Judgment Court Chennai Decided Jan 09, 2025
~2 min read
https://sooperkanoon.com/case/1698556

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
WP/439/2025

Parties & Advocates

Appellant / Petitioner

D.Thanikachalam

Respondent

The Sub -Registrar

Excerpt

in the high court of judicature at madrasdated : 09.01.2025coramthe honourable ms. justice p.t. ashad.thanikachalam .... petitioner vs thirukalukundram. .... respondent prayer: writ petition is filed under article 226 to issue a writ of certiorarified mandamus calling for the records of the respondent vide impugned refusal no. rfl/thirukalukundram/44/2024 dated 20.12.2024 and quash the same and further direct the respondent to register and return the settlement deed vide pending document no.tp/204471258/2024 dated 20.12.2024 presented by the petitioner.for petitioner : mr.m.rajasekar for respondent : ms.c.meera arumugam additional government pleaderorderthis writ petition is filed to quash the impugned refusal check slip no.rfl/thirukalukundram/44/2024 dated 20.12.2024 and to consequently direct the respondent to register the settlement deed dated 20.12.2024 presented by the petitioner, without insisting on the production of the original parent document.2. a refusal check slip has been issued directing the petitioner to produce the original parent document.3. in the light of the judgement passed by this court in ramayee - vs - the sub registrar and others - (2020 (6) ctc 697), the impugned order cannot be sustained and is liable to be quashed.4. accordingly, the impugned refusal check slip no.no. rfl/thirukalukundram/44/2024 dated 20.12.2024 is hereby quashed. the respondent is directed to register the settlement deed dated 20.12.2024 within a period of two (2) weeks from the date of receipt of a copy of this order.5. with the above direction, this writ petition stands allowed. no costs. index : yes/no internet : yes/no lpp to thirukalukundram. p.t. asha, j, lpp w.p.no. 439 of 2025 (4/8)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

D.Thanikachalam .... Petitioner Vs Thirukalukundram. .... Respondent Prayer: Writ Petition is filed under Article 226 to issue a Writ of Certiorarified Mandamus calling for the records of the respondent vide impugned refusal No. RFL/Thirukalukundram/44/2024 dated 20.12.2024 and quash the same and further direct the respondent to register and return the settlement deed vide pending document No.TP/204471258/2024 dated 20.12.2024 presented by the petitioner.

For Petitioner : Mr.M.Rajasekar For Respondent : Ms.C.Meera Arumugam Additional Government Pleader

ORDER

This Writ Petition is filed to quash the impugned Refusal Check Slip No.RFL/Thirukalukundram/44/2024 dated 20.12.2024 and to consequently direct the respondent to register the settlement deed dated 20.12.2024 presented by the petitioner, without insisting on the production of the original parent document.

2. A Refusal Check Slip has been issued directing the petitioner to produce the original parent document.

3. In the light of the Judgement passed by this Court in Ramayee - Vs - The Sub Registrar and others - (2020 (6) CTC 697), the impugned order cannot be sustained and is liable to be quashed.

4. Accordingly, the impugned Refusal Check Slip No.

No. RFL/Thirukalukundram/44/2024 dated 20.12.2024 is hereby quashed. The respondent is directed to register the settlement deed dated 20.12.2024 within a period of two (2) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands allowed. No costs. Index : Yes/No Internet : Yes/No Lpp To Thirukalukundram. P.T. ASHA, J, Lpp W.P.No. 439 of 2025 (4/8)

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