Madras High CourtWP/10281/2026disposed of

K.R.Palanisamy v. The Sub Registrar

2026-03-23Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 11142 OF 2026 K.R.Palanisamy ..Petitioner(s) Vs The Sub Registrar Office of the Sub Registrar Thingalur, Erode District.

..Respondent(s) To call for the records pertaining to impugned order of passed by the respondent in Check Slip No.RFL/ Thingalur/ 20/ 2026 dated 24.02.2026, thereby refusing to register the document and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to register the partition Deed dated 23.02.2026 presented by petitioner, within a time frame as may be fixed by this Honble Court. For Petitioner(s):

Mr.S.Arivazhagan For Respondent(s):

Mr.U.Baranidharan,SGP Order This writ petition has been filed, challenging the impugned refusal check slip dated 24.02.2026 issued by the respondent, refusing to register the partition deed, presented by the petitioner for registration on the ground that the parent

document produced by the petitioner, namely, the Will, is an unregistered document.

2.A Will can be registered as well as un-registered and that is the legal position. However, as seen from the impugned refusal check slip, only on the ground that the parent document, namely the Will, being an unregistered document, the respondent has refused to register the partition deed, presented by the petitioner for registration.

3.Mr.U.Baranidharan, learned Special Government Pleader, who accepts notice on behalf of the respondent, has not seriously disputed the settled legal position.

4.Since the impugned refusal check slip dated 24.02.2026 has been issued by the respondent contrary to the settled legal position, necessarily, the impugned refusal check slip dated 24.02.2026 has to be quashed by this Court since the same is arbitrary and illegal.

5.Accordingly, the impugned refusal check slip dated 24.02.2026 issued by the respondent is hereby quashed and this writ petition is allowed by directing the respondent to register the partition deed, presented by the petitioner for registration, if the same is otherwise in order, subject to the

payment of requisite stamp duty and registration fees by the petitioner to the respondent. Consequently, connected WMP. is closed. No costs. 23-03-2026 Index: Yes/No Speaking/Non-speaking order VGA To The Sub Registrar Office of the Sub Registrar Thingalur, Erode District.

ABDUL QUDDHOSE J.

VGA AND WMP NO. 11142 OF 2026 23-03-2026