J.Prema v. The Sub Registrar

Order This Writ Petition has been filed challenging the order under Refusal Check Slip dated 02.02.2026, passed by the first respondent, to quash the same, and consequently to direct the first respondent herein to register the Settlement Deed dated 02.02.2026.

¶2The learned counsel for the petitioner submitted that the land measuring an extent of 2.10 acres comprised in Old S.F. No. 370/3, Present S.F. No. 271/2C, belonged to the petitioner's paternal grandfather, and by way of succession, the petitioner and his mother succeeded to the estate. He submitted that thereafter, the petitioner's mother executed a Settlement Deed, settling a total extent of 1.05 acres in favour of the petitioner, and presented the same for registration on 02.02.2026. However, the first respondent refused to register the Settlement Deed on the ground that the original parent documents were not produced to prove title, and passed the impugned order dated 02.02.2026. Aggrieved by the same, the petitioner has approached this Court.

¶3The issue in this writ petition is no longer res-integra and the same has already been considered by a Division Bench of this Court in M/s.Dugars, represented by its Partners Vs., State of Tamil Nadu and Others [W.P.(MD) No.7415 of 2026 etc., batch, dated 23.06.2026], wherein Section 34C of the Registration Act, 1908 has been declared unconstitutional. Page3 of 4

¶4In view of the above, the reasons assigned in the impugned refusal check slip dated 02.02.2026 can no longer be sustained.

¶5Accordingly, the writ petition is disposed of on the following terms:

(i) The impugned refusal check slip dated 02.02.2026 is set aside.

(ii) The petitioner shall re-present the Settlement Deed dated

02.02.2026 before the 1st respondent for registration. Upon such re-presentation, the 1st respondent is directed to register the same, within a period of one week from the date of re-presentation of the said document, after issuing notice to the objectors, if any.

(iii) No costs. 16-07-2026 Index: Yes/No Speaking/Non-speaking order SK To

¶1The Sub Registrar The sub Registrars office at Edapadi, Edapadi Taluk, Salem District.

¶2The Inspector General of Registration Registration Department, No.100, Santhome High Road, Mandavelippakkam, Chennai-600 028 WPoNo.o15427oofo2026 KRISHNANoRAMASAMYoJ. sk WPoNo.o15427oofo2026 16-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY J.Prema w/o.Jayamuthuraman, Residing at Nedunkulam Vilalge, Karattupudur, Edapadi Taluk, Salem District. ..Petitioner(s) Vs 1. The Sub Registrar The sub Registrars office at Edapadi, Edapadi Taluk, Salem District. 2. The Inspector General of Registration Registration Department, No.100, Santhome High Road, Mandavelippakkam, Chennai-600 028 ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified Mandamus calling for the records relating to the impugned order under Refusal Letter bearing No.RFL/ Edapadi/6/2026 dated 02.02.2026 passed by the Sub Registrar, Sub Registrar, Sub Registrars office at Edapadi, the first respondent herein and quash the same, and consequently directing the first respondent herein to register the settlement deed dated 02.02.2026 executed by Pavathal (mother of the petitioner) in favour of the petitioner and return the document to the petitioner after completing all registration formalities For Petitioner(s): Mr.M.Ramalingam For Respondent(s): Mr.Dominic S.David, Govt.Counsel Page2 of 4