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Madras High CourtWP/4762/2026disposed of

Manickammal v. The District Registrar,

2026-02-19Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.5298 of 2026 Manickammal W/o.Rajagopal 10/4/2, Selliyandiamman kovil Opp, Thangapuri Nagar, S.Kannanur, Samayapuram, Trichy District.

..Petitioner(s) Vs

1. The District Registrar, District Registrar Office, Perambalur District.

2. The Sub - Registrar, Chettikulam Sub - Registrar Office, Perambalur District.

..Respondent(s) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to Call for the entire records pertaining to the impugned order passed by the 2nd Respondent vide his proceedings in RFL / Citikulam /117/2025 dated 29/10/2025 and quash the same as illegal and further direct the 2nd respondent to register the documents presented by me for registration in TP /237682730 /2025.

For Petitioner(s):

Mr.R.L.Dhilipan Pandian For Respondent(s):

Mr.S.Jayachandran, Government Advocate

ORDER

Asserting title by inheritance, the petitioner executed settlement deed dated 29.10.2025 in favour of his son and presented the same for registration. The request for registration was rejected under the impugned refusal check slip by citing the pending O.S.Nos.64 of 2024 and 349 of 2024.

2. Learned counsel for the petitioner submits that the mere pendency of a civil suit is not a bar against registration and that the impugned order is liable to be set aside.

3. Mr.S.Jayachandran, learned Government Advocate, accepts notice for both the respondents. He points out that Protest Petition No.30 of 2024 dated 25.04.2024 was received by the registering officer.

4. As contended by learned counsel for the petitioner, mere pendency of O.S.Nos.64 of 2024 and 349 of 2024 is not a bar against registration. Because the impugned order also disclosed that the protest petition was received, it is necessary for the registering officer to consider and dispose of the protest petition in accordance with the registration rules.

5. Therefore, the impugned refusal check slip cannot be sustained and is hereby set aside. As a corollary, the petitioner is permitted to re-present the settlement deed before the registering officer within two weeks from the date of receipt of a copy of this order. Within 30 days therefrom, the registering officer is directed to issue notice to the petitioner and the protester and thereafter either register the document 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. No costs. Consequently, the connected writ miscellaneous petition is closed. 19-02-2026 Index: Yes/No Speaking/Non-speaking order RNA To

1. The District Registrar, District Registrar Office, Perambalur District.

2. The Sub - Registrar, Chettikulam Sub - Registrar Office, Perambalur District.

SENTHILKUMAR RAMAMOORTHY, J.

RNA and W.M.P.No.5298 of 2026 19-02-2026