Annathurai v. The Sub Registrar,

ORDER The petitioner is before this Court challenging the impugned Refusal Check Slip issued by the first respondent in Refusal No. RFL/Madukkur/44/2026 dated 18.06.2026, declining to register the Sale Deed dated 18.06.2026, on the ground of non-production of the original documents under Section 34-C of the Registration Act, 1908.

¶2The reasons stated in the impugned Refusal Check Slip are extracted hereunder: Kd; mry; Mtzk; rupghu;g;gjw;fhf jhf;fy; nra;ag;gltpy;iy.

¶3Both the learned counsel for the petitioner and the learned counsel for the Government of Tamil Nadu appearing for the respondents confirm that the issue is no longer res integra and is covered by the decision of the Hon'ble Division Bench of this Court in M/s.Dugars v. The State of Tamil Nadu, represented by its Secretary to Government, Registration Department and Others, rendered on 23.06.2026 in W.P.(MD) No.7415 of 2026 etc. batch, wherein the Hon'ble Division Bench of this Court has declared Section 34-C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2026, as ultra vires and struck down the same.

¶4In the above judgment of the Hon'ble Division Bench of this Court, Section 34-C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2026, has been struck down. Therefore, the reason for rejecting the document presented for registration on the ground of non-production of the original documents under Section 34-C of the Registration Act cannot be countenanced. Therefore, the impugned Refusal Check Slip dated

18.06.2026 is quashed. I therefore direct the first respondent to register the Sale Deed dated 18.06.2026 presented by the petitioner, subject to the petitioner complying with the other requirements of the Act and the Rules made thereunder. It is needless to state that the registration shall be effected without prejudice to the rights of the petitioner's wife in the matrimonial dispute, if any, pending between them.

¶5Accordingly, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

06.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To

1.The Sub Registrar, Madukkur Sub Registration Office, Madukkur, Thanjavur District.

2.The Inspector of Police, Madukkur Police Station, Pattukottai Taluk, Thanjavur District.

C.SARAVANAN, J.

Indu W.P(MD).No.18744 of 2026

06.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.18744 of 2026 and W.M.P(MD) No.13874 of 2026 Annathurai ... Petitioner Vs. 1.The Sub Registrar, Madukkur Sub Registration Office, Madukkur, Thanjavur District. 2.The Inspector of Police, Madukkur Police Station, Pattukottai Taluk, Thanjavur District. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings issued by the 1st respondent in Refusal Number RFL/Madukkur/44/2026 dated 18.06.2026 and quash the same as arbitrary, illegal and without any legal basis and consequently directing the 1st respondent to entertain the Sale Deed dated 18.06.2026 presented for registration within a time stipulated by this Court. For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.S.Venkatesh Counsel for State of TN for R1 Mr.P.Vetrivel Government Advocate (Crl.Side) for R2