Devanesan v. The Inspector General of Registration

ORDER Challenge has been made against the refusal check slip dated 15.06.2026 passed by the 2nd respondent.

¶2The learned counsel for the petitioner would submit that the petitioner is the absolute owner of a vacant plot measuring an extent of 1,250 sq.ft., situated at No. 63, Wet Land Survey Nos. 32 and 33, Ramanujan Nagar, No. 23, Netteri Village, Kancheepuram Taluk, by virtue of a sale deed dated

28.03.1991. The original sale deed of the property was lost, following which a complaint was lodged before the Sub-Inspector of Police, B3 Kanchi Police Station, Kancheepuram, and subsequently, a Non-Traceable Certificate was issued by the Police Department on 20.09.2018.

¶3He further submitted that the petitioner intends to sell his property to one Sameena Begum, and a sale deed dated 27.03.2026 was executed in her favour. Under these circumstances, the said sale deed was presented for registration before the second respondent. However, the same was refused to be registered by invoking the powers under Section 34C of the Registration Act, 1908, on the ground that, unless a previous original documents are produced, the receipt deed cannot be registered. Challenging the same, the petitioner has come forward with the present writ petition. Page3 of 5

¶4The 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.

¶5In view of the above, the reasons assigned in the impugned refusal check slip dated 15.06.2026 can no longer be sustained.

¶6Accordingly, the Writ Petition is disposed of on the following terms:-

(i) The impugned refusal check slip dated 15.06.2026 is set aside.

(ii) The petitioner shall re-present the Sale Deed dated 27.03.2026 before the 2nd respondent for registration. Upon such re-presentation, the 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. 16-07-2026 Asi Page4 of 5 To

¶1The Inspector General of Registration Office of the Inspector General of Registration Santhome High Road, Foreshore Estate, Chennai-600 028

¶2The Sub Registrar No.1, Office of Sub Registrar Kancheepuram. WPoNo.o27196oofo2026 KRISHNANoRAMASAMY,oJ. Asi WPoNo.o27196oofo2026 16-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Devanesan S/O.Daniel No.27, Thiruparuthikundram Colony Kancheepuram-631 501 ..Petitioner(s) Vs 1. The Inspector General of Registration Office of the Inspector General of Registration Santhome High Road, Foreshore estate Chennai-600 028 2. The Sub Registrar No.1, Office of Sub Registrar Kancheepuram ..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 to call for the records of the 2nd respondent in refusal slip dated 15.6.2026 in RFL/1 Sub Registrar Kancheepuram /15/2026 and quash the same as illegal and further direct the 2nd respondent to register the sale deed dated 27.3.2026 presented for registration. For Petitioner(s): I.Abrar Md Abdullah For Respondent(s): Mr.M.Roshan Atiq Government Counsel Page2 of 5