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Jayaseelan, v. The Sub Registrar,

DISPOSED OF
Court
High Court of Madras
Decided
6 July 2026
Bench
C. Saravananauthor
Case no.
WP(MD) 18720/2026

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Judgment

ORDER The petitioner is before this Court challenging the impugned Refusal Check Slip issued by the first respondent in Refusal No. RFL/Kadambur/29/2026 dated 16.06.2026, declining to register the Sale Deed dated 16.06.2026 executed by the petitioner, 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:

¶1Others: gjptpw;F jhf;fy; nra;ag;gl;l Mtzk; bgp281716834 2026 fPo;fz;l fhuzq;fspdhy; gjptpw;F Vw;f kWj;J Mizaplg;gLfpwJ gjpTr;rl;lk; tpjp 34 rp rl;lk; 1 Mtzq;fs; 1585 of 2024 89 of 2020 Mfpatw;wpd; mry; Mtzg;gjptpd;NghJ jhf;fy; nra;ag;gltpy;iy mry; Mtzq;fSld; kPs jhf;fy; nra;Ak;gl;rj;jpy; Mtzk; gjpT tpjpfSf;F cl;gl;L gjptpw;F Vw;fg;gLk;.

¶2Original document not produced."

¶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

16.06.2026 is quashed. I therefore direct the first respondent to register the Sale Deed dated 16.06.2026 presented by the petitioner, subject to the petitioner complying with the other requirements of the Act and the Rules made thereunder, within a period of two weeks from the date of receipt of a copy of this order.

¶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 The Sub Registrar, Sub Registrar Office, Kadambur, Thoothukudi District – 628 714.

C.SARAVANAN, J.

Indu W.P(MD).No.18720 of 2026

06.07.2026

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.18720 of 2026 and W.M.P(MD) No.13839 of 2026 Jayaseelan ... Petitioner Vs. 1.The Sub Registrar, Sub Registrar Office, Kadambur, Thoothukudi District – 628 714. 2.Charumathi ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, directing the respondents to call for the records of the impugned refusal check slip in RFL/Kadambur/29/2026 dated 16.06.2026 on the file of the respondent and quash the same and further directing the 1st respondent to receive and register the sale deed dated 16.06.2026 executed by the petitioner before the 1st respondent without insisting the production of original. For Petitioner : Mr.Rahul Jagannathan For Respondent : Mr.R.Parthiban Counsel for State of TN for R1

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