Naryanasamy v. The Sub Registrar

ORDER Challenge was made to the impugned refusal check slip dated 02.06.2026 bearing RFL/Puduchatram-Namakkal/95/2026 issued by the respondent and for Page2 of 6 consequential direction to the respondent to register the preliminary decree dated 30.09.2020 passed in O.S. No.279 of 2016 on the file of the Principal Subordinate Judge, Namakkal.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has filed a suit in O.S.No.279 of 2016 on the file of the learned Principal Subordinate Judge, Namakkal, against one R.Murugesan and others seeking the relief of partition, mandatory injunction and permanent injunction in respect of the suit property. The said suit was partly decreed in favour of the petitioner by judgment and preliminary decree dated 30.09.2020 declaring that the petitioner is entitled to 1/7th share in the suit property granting permanent injunction restraining the defendants from alienating or encumbering the suit property. The petitioner presented the said preliminary decree dated 30.09.2020 passed in O.S.No.279 of 2016 before the respondent for registration on

31.05.2026 and the document was taken up for registration on 01.06.2026. However, the respondent refused to register the said preliminary decree and issued the impugned refusal check slip dated 02.06.2026. Challenging the same, the present Writ Petition has been filed.

¶3The learned counsel appearing for the petitioner submitted that the respondent has refused to register the preliminary decree stating that the final decree is yet to be passed. However, he submitted that in the preliminary decree Page3 of 6 the rights of the parties have been quantified. Hence, any judgment and decree if presented for registration at the instance of the parties concerned, then the respondent is supposed to register the same. On the contrary, the respondent has refused to register the preliminary decree dated 30.09.2020 by way of the impugned refusal check slip dated 02.06.2026 which has to be quashed.

¶4The learned Government's counsel appearing for the respondent submitted that the impugned order may be set aside and remit the matter back to the respondent for fresh consideration and the same will be considered in accordance with law.

¶5Heard the learned counsel on either side and perused the materials available on record.

¶6As rightly submitted by the learned counsel for the petitioner, by virtue of the preliminary decree, the rights of the parties have been decided and final decree proceedings is only with reference to the apportionment and the boundary of the property. Therefore, in any event, if any preliminary decree is presented for registration, the respondent is supposed to register the same and the refusal of the same cannot be sustained in the eyes of law. Therefore, the said impugned refusal check slip dated 02.06.2026 bearing RFL/Puduchatram-Namakkal/95/2026 issued by the Respondent is liable to be set aside. Page4 of 6

¶7In the result, this Writ Petition is allowed. The impugned refusal check slip dated 02.06.2026 bearing RFL/Puduchatram-Namakkal/95/2026 issued by the Respondent is set aside. The respondent is directed to register the preliminary decree dated 30.09.2020 passed in O.S.No.279 of 2016 by the learned Principal Subordinate Judge, Namakkal, within forty eight (48) hours from the date of receipt of a copy of this order. No costs. 18-06-2026 Index: Yes/No Speaking/Non-speaking order SRM Page5 of 6 To The Sub Registrar, Puduchatiram, Namakkal Taluk, Namakkal District. WPoNo.o23156oofo2026 KRISHNANoRAMASAMY,oJ. SRM \ WPoNo.o23156oofo2026 18-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-06-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Naryanasamy ... Petitioner Vs The Sub Registrar Puduchatiram, Namakkal Taluk, Namakkal District. ..Respondent(s) Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned refusal check slip dated 02.06.2026 bearing RFL/Puduchatram-Namakkal/95/2026 issued by the Respondent, quash the same and consequently direct the respondent to register the preliminary decree dated 30.09.2020 passed in O.S. No.279 of 2016 on the file of the Principal Subordinate Judge, Namakkal. For Petitioner : Mr. V.Elangovan For Respondent : Mr.Dominic S. David Government's Counsel