Kaliyan v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2026

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Kaliyan .. Petitioner vs 1.The District Registrar, Ulundurpettai Taluk, Kallakurichi District.

2.The Sub Registrar, Ulundurpettai Taluk, 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 of the second respondent in RFL/Ulundurpettai/1/2026 dated 05.01.2026 and quash the same and thereby direct the second respondent to register the sale deed dated 05.01.2026 and release the same to the petitioner forthwith. For Petitioner :

Mr.D.Vasanth For Respondents :

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

ORDER

Asserting title over 560 sq.ft. in New Survey No.649/8 at Kalamaruthur Village, Ulundurpettai Taluk, the petitioner executed a sale deed dated 05.01.2026 in favour of one Ms.Kousalya and presented the same for registration. The request for registration was declined under impugned refusal check slip dated 05.01.2026.

2. Referring to the impugned refusal check slip, learned counsel for the petitioner submits that the sole reason for refusal is the pendency of a civil suit. He submits that the same does not constitute a valid ground for refusal.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for both the respondents. He concurs that mere pendency of the suit is not a ground for refusal as per the law laid down by the Division Bench of this Court in N.Ramayee Vs. Sub Registrar, Registration Department, Valapady, Salem District and another [2020 (8) MLJ 305]. He also relies upon the order dated 15.03.2021 in A.Abdullasa vs. Inspector General of Registration and others, W.P.Nos.17150 and 15663 of 2018.

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4. On perusal of the refusal check slip, it is evident that the only ground of refusal is pending civil suit before the Court in Ulundurpet. As held by this Court in Ramayee and other judgments, mere pendency of the civil suit does not constitute a valid ground for refusal. Therefore, the impugned refusal check slip is set aside and the petitioner is permitted to re-present the sale deed for registration. Within two weeks from the date of re-presentation, subject to fulfillment of other requirements relating to registration, unless an order of attachment of the property is received in the meantime, the registering officer shall register the document.

5. This writ petition is disposed of on the above terms. There shall be no order as to costs.

10.02.2026 Index:Yes/No mmi To 1.The District Registrar, Ulundurpettai Taluk, Kallakurichi District.

2.The Sub Registrar, Ulundurpettai Taluk, Kallakurichi District.

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SENTHILKUMAR RAMAMOORTHY,J.

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