V.R.G. Samy v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

1. V.R.G. Samy S/o.V.R.Govindasamy, D.No.12, Indira Nagar, Chithode- 638 102, Erode District.

2. S.Damodaran S/o.V.R.G.Samy, D.No.12, Indira Nagar, Chithode- 638 102, Erode District.

3. P.Kalyani W/o.Palanivelu, 2C, Vellalar Colony, 2nd Street, Rajagoundampalayam, Tiruchengode Taluk, Namakkal District.

4. V.R.G.Raghuraman S/o.V.R.Govindasamy, D.No.55, Indira Nagar, Chithode- 638 102, Erode District.

5. R.Sanjeev S/o.V.R.G.Raghuraman, D.No.55, Indira Nagar, Chithode- 638 102, Erode District.

..Petitioners Vs

The Sub Registrar Palacode Sub Registrar office, Dharmapuri District.

..Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned refusal check Slip order in RFL / Palacode/ 9/ 2026 dated 13.01.2026 passed by the respondent, quash the same and consequently direct the respondent to register the sale deed dated 09.01.2026 executed by us in favour of Sampoornam in respect of the properties measuring (i) 77 1/2 cents in S.No.309/1B2 (ii) 75 cents in S.F. No.309/1B3, (iii) 13 1/4 Cents in S.No. 309/1D, and (iv) 1.34 1/4 Acres in S.No. 308/5B, Vattuvanahalli village, Pennagaram Taluk, Dharmapuri District and release the original instrument. For Petitioners:

Mr. N. Manokaran For Respondent:

Mr. S.Jayachandran, Govt. Advocate

ORDER

Tracing title from the share allotted to V.R.Govindasamy under partition deed dated 14.07.2008, the petitioners had presented sale deed dated 09.01.2026 for registration. The request for registration was declined under impugned refusal check slip dated 13.01.2026.

2. Adverting to sale deed dated 12.12.2025 executed by the legal representatives of V.R.Thaiyanayagam, learned counsel for the petitioners submits that the B schedule property under partition deed dated 14.07.2008 was allotted to V.R.Thaiyanayagam and that the sale deed presented by his legal representatives was registered on 12.12.2025. In view thereof, he contends that the refusal to register sale deed dated 09.01.2026 is liable to be interfered with.

3. Mr.S.Jayachandran, learned Government Advocate, accepts notice for the sole respondent. He submits that refusal was on account of the names of the third parties finding place in the patta.

4. Although grounds for refusal have been expanded under Section 34C of the Registration Act, 1908, as applicable in Tamil Nadu, the registering officer does not have the power to adjudicate on title even after such amendment. As submitted by learned counsel for the petitioners, the materials on record reveal that the sale deed executed by the legal heirs of V.R.Thaiyanayagam on 12.12.2025 was registered in respect of properties forming the subject of partition deed dated 14.07.2008. In these circumstances, the impugned refusal check slip cannot be sustained and is set aside. Consequently, the petitioners are permitted to re-present sale deed for registration within two weeks from the date of receipt of a copy of this order. Within two weeks therefrom, the registering officer shall, subject to fulfilment

SENTHILKUMAR RAMAMOORTHY, J.

KJ of other requirements relating to registration, register the sale deed. The impugned refusal check slip is set aside to enable such reconsideration.

5. The writ petition stands disposed of on the above terms without any order as to costs.

24-02-2026 Index : Yes/No (2/2) Internet:Yes/No kj To The Sub Registrar Palacode Sub Registrar office, Dharmapuri District.

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