Madras High CourtWP/5784/2026disposed of

Pappa v. The District Registrar

2026-02-26Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.Pappa 2.Alamelu 3.Rani .. Petitioners vs 1.The District Registrar, Office of the District Registrar, Kallakurichi District.

2.The Sub Registrar, Office of the Sub Registrar, Nagalur, Kallakurichi District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the impugned order/refusal check slip dated 22.05.2025 made in RFL/Nagalur/10/2025 issued by the second respondent and quash the same and consequently direct the respondents to register the release deed presented by the petitioners herein.

For Petitioners :

Mr.T.Mohanraju For Respondents :

Mr.U.Baranidharan, Special Government Pleader 1/4

ORDER

Asserting that the property of an extent of 1 acre 66 cents in Survey No.423/7 belonged to the father of the second and third petitioners and the husband of the first petitioner and that the petitioners inherited the same, the petitioners executed a release deed in favour of one of the sons of the first petitioner, Sakthivel. Upon being presented for registration, refusal check slip dated 22.05.2025 was issued.

2. Relying on order dated 13.09.2024 of the Revenue Divisional Officer cancelling the patta issued in favour of third parties and restoring the patta in the name of the petitioners and Sakthivel, learned counsel submits that the impugned refusal check slip is liable to be set aside.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for both the respondents. Adverting to the impugned refusal check slip, he points out that the registering officer noticed the order of attachment and the registration of Document Nos.1717 of 2008 and 1798 of 2021 relating to the same property. 2/4

4. The petitioners have placed on record the order dated 13.09.2024 of the Revenue Divisional Officer and Patta No.5130 standing in the name of the three petitioners and Sakthivel, in whose favour the release deed was executed. Therefore, reconsideration is warranted albeit after issuing notice to the parties to the earlier registered documents and the order of attachment. To enable such re-consideration, the impugned refusal check slip is set aside.

5. Consequently, the petitioners are permitted to re-present the release deed for registration. Within thirty days therefrom, after issuing notice to the parties to the attachment order and the executants of earlier registered documents, the registering officer shall either register the release deed or issue a speaking order of refusal under Section 71 of the Registration Act, 1908.

6. This writ petition is disposed of on the above terms. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

26.02.2026 Index:Yes/No mmi 3/4

SENTHILKUMAR RAMAMOORTHY,J.

mmi To 1.The District Registrar, Office of the District Registrar, Kallakurichi District.

2.The Sub Registrar, Office of the Sub Registrar, Nagalur, Kallakurichi District.

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