Mutharasu v. The District Registrar

ORDER This writ petition is filed challenging the refusal check slip dated

20.04.2026.

2.When the petitioner presented a sale deed for registration, the same is refused by the impugned order stating that there are several entries with reference to the same survey number and the petitioner was directed to clear all the encumbrances and thereafter, re-present the document.

¶3Upon hearing the petitioner and perusing the material records of the case, the case of the petitioner is that the property originally belonged to one Nagur and Meera Pillai, being the ancestral properties. Both of them died Interstate and the property vested in. Noorjahan Beevi. The said Noorjahna Beevi in turn settled the property in favour of her husband by a registered settlement deed dated 5.03.2019. The said Mohamed Maiden in turn sold the property to one Sinthamathar by a registered sale deed, dated 20.03.2019. The petitioner in turn purchased the property from the said person.

4.When the sale deed is presented, the same is now refused on the grounds aforementioned. The learned Government Standing Counsel would submit that when the property is in Uthumalai village, in the sale deed of the vendor, originally some other village name was mentioned and thereafte,r it is rectified as Uthumali village. With reference to the same survey number, several entries relating to encumbrance is found.

5.I have considered the rival submissions made on either side and perused the material records of the case.

6.Upon considering the title documents that are presented by the petitioner up to the year 2019, when the petitioner is showing a plausible, passing of title through consecutively registered documents from three persons, the same cannot now be refused to be registered generally on the ground that there are several encumbrances. There are no other rival claims also. When the petitioner is making a plausible claim and is also producing the parent deeds in respect thereof, the same cannot be refused to be registered.

7.In view thereof, this writ petition is allowed on the following terms:

(i)The impugned refusal check slip 20.04.2026 shall stand set aside.

(ii)The petitioners shall re-present the document within three weeks from the date of receipt of the web copy of the order. Upon such re-presentation, if there is no other impediment, the same shall be registered.

(iii)No costs.

09.06.2026 NCC:Yes/No To

1.The District Registrar, O/o. District Registrar, Tenkasi District.

2.The Sub-Registrar, O/o. Sub-Registrar, Uthumalai, Tenkasi District.

D.BHARATHA CHAKRAVARTHY, J. Ns

09.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.06.2026 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Mutharasu ... Petitioner(s) – Vs. - 1.The District Registrar, O/o. District Registrar, Tenkasi District. 2.The Sub-Registrar, O/o. Sub-Registrar, Uthumalai, Tenkasi District. ... Respondent(s) Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned refusal check slip issued by the 2nd respondent vide RFL/Uthumalai/51/2026 dated 02.04.2026 and quash the same as illegal and consequently direct the 2nd respondent to register the sale deed dated 02.04.2026 presented by the petitioner. For Petitioner :Mr.M.Sankar For Respondents :Mr.R.Parthiban Government Standing Counsel