V.Manoharan v. The Inspector General of Registration

ORDER

Challenge has been made against the Refusal Check Slip dated

07.05.2026 passed by the 3rd respondent. Page2 of 5

¶2The learned counsel for the petitioners submitted that the petitioners are the co-owners holding a 3/4th share in the lands situated in Survey Nos. 4/2, 7, and 5/2 of Thundalam Village, Maduravoyal Taluk, Chennai District. The petitioners executed a General Power of Attorney dated 07.05.2026, appointing one Radha Sambandan as their Power Agent, and presented the same for registration before the 3rd respondent. However, the 3rd respondent arbitrarily rejected the registration of the said document vide the impugned Refusal Check Slip dated 07.05.2026 under Section 34C of the Registration Act. Aggrieved by the said illegal rejection, the petitioners have approached this Court by way of the present Writ Petition.

¶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 5

¶4In view of the above, the reasons assigned in the impugned refusal check slip dated 07.05.2026 can no longer be sustained.

¶5Accordingly, the Writ Petition is disposed of on the following terms:-

(i) The impugned Refusal Check Slip dated 07.05.2026 is set aside.

(ii) The petitioners shall re-present the General Power of Attorney before the 3rd respondent for registration. Upon such re-presentation, the 3rd respondent is directed to register the same, within a period of one (1) week from the date of re-presentation of the said document.

(iii) No costs. 17-07-2026 Asi To

¶1The Inspector General of Registration Santhome High Raod, Chennai 600 028

¶2The District Registrar (Administration) South Chennai Chennai

¶3The Sub Registrar Joint I Sub Registrar Office South Chennai Saidapet / Nandanam, Chennai 600 035 Page4 of 5 WPoNo.o27649oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o27649oofo2026 17-07-2026 Page5oofo5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY 1. V.Manoharan S/o Velayutham, 2/22 Vallarasu Nagar, Thandalam, Chenani 600 122 2. M. Rajesh S/o Manoharan No 5/9 Pillayar Koil street, puliambedu, chenani 600 077 3. Karthick Manoharan S/o Manoharan, No 5/9 Pillayar Koil street, puliambedu, chenani 600 077 4. V. Ambiga W/o vezhavendhar and D/o Sambandan 96-C2 Anand Apartments, Thulasingam Street, Perambur, Chennai 600 011 5. Mythili.S W/o Kumaravelu and D/o Sambandan, 67/91, Thulasingam Street, Perambur, Chennai 600 011 ..Petitioner(s) Vs Page1 of 5 1. The Inspector General of Registration Santhome High Raod, chennai 600 028 2. The District registrar (Administration) South Chennai chennai 3. The Sub Registrar Joint I Sub Registrar office South Chenani Saidapet / Nandanam, Chennai 600 035 ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to impugned order in Check Slip No.RFL / Chennai South Joint I / 45 / 2026 passed by the third respondent and quash the same and consequently direct the third respondent to register the General Power of Attorney dated 07.05.2026 passed by the third respondent and quash the same and consequently direct the third respondent to register the General Power of Attorney dated 07.05.2026 (Ref. No TP/252883043/ 2026). For Petitioner(s): Mr.J. Rajasekar For Respondent(s): Mr.M.Roshan Atiq Government Counsel