Madras High CourtWP/11316/2026disposed of

M. Pachiyappan v. The Sub Registrar

2026-03-30Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 12328 OF 2026,WMP NO. 12330 OF 2026

1. M. Pachiyappan S/o Late Manickam, No 6/68, Bye Pass Road, Palacode Town and Post, Palacode Taluk, Dharmapuri 636 808

2. M. Rajendran S/o Late Manickam, No 6/672 Bye Pass Road, Palacode Town and Post, Palacode Taluk, Dharmapuri 636 808 Petitioner(s) Vs

1. The Sub Registrar Sub Registrar office, Palacode, Dharmapuri 636 808 Respondent(s) PRAYER Call for the records of the impugned order passed by the respondent vide Refusal Check Slip in Refusal No. RFL / Palacode / 31/ 2026 dated 19.02.2026 and quash the same as arbitrary, illegal and without jurisdiction and direct the respondent to register the partition deed dated 19.02.2026 presented by the writ petitioners for registration and release the document to the writ petitioners within the time frame fixed by this Court For Petitioner(s):

Mr. P.A. Arvinth Viveks For Respondent(s):

Mr.U.Baranidharan,SGP For Respondent

ORDER

This writ petition has been filed, challenging the impugned refusal check slip dated 19.02.2026 issued by the respondent, refusing to register the partition deed dated 19.02.2026 presented by the petitioner for registration on the ground that the parent document viz., the "Will" is an unregistered document.

2. The property is situated in Dharmapuri District. The "Will" executed in the said district does not require registration and neither does it require probate. In view of the same, by total non application of mind to the said fact, the respondent refused to register the partition deed dated 19.02.2026 presented by the petitioner for registration.

3. The learned Special Government Pleader appearing for the respondent has also not raised any serious objection in view of the settled law for directing the respondent to register the partition deed presented by the petitioner for registration within a time frame to be fixed by this Court.

4. Since the impugned order dated 19.02.2026 passed by the respondent is not in accordance with settled law, the impugned order dated 19.02.2026 has to be quashed and this writ petition will have to be allowed.

5. Accordingly, the impugned order dated 19.02.2026 is hereby quashed and this writ petition is allowed by directing the respondent to register the partition deed dated 19.02.2026 presented by the petitioner for registration, if it is otherwise in order, subject to payment of the requisite Stamp Duty and registration fees within a period of four weeks from the date of receipt of a copy of this order. No Costs. Consequently, W.M.P. No.12328 of 2026 is ordered subject to payment of separate Court fee and W.M.P. No.12330 of 2026 is closed.

30-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The Sub Registrar Sub Registrar office, Palacode, Dharmapuri 636 808

ABDUL QUDDHOSE J.

ab AND WMP NO. 12328 OF 2026,WMP NO.

12330 OF 2026 30-03-2026