The Pannur Don Bosco Society v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.16652, 16653, 16654 and 19550 of 2026 W.P.No.15413 of 2026:

The Pannur Don Bosco Society Rep. by its Secretary, Pannur (PO), Thiruvallur District-602 108.

Petitioner Vs 1.The State of Tamil Nadu Rep. by its Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Secretary to Government Law Department, Secretariat, Fort St. George, Chennai-600 009 3.The Inspector General of Registration O/o. The Inspector General of Registration, Chennai-600 028

4.The Sub Registrar Thiruvalankadu Sub Registrar Office, Thiruvallur District.

5.Antony Projects Pvt. Ltd., Rep. by Managing Director Antony, 38/1, AVM Avenue, 1st Street, Virugambakkam, Chennai-600 092.

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Declaration, (a) declaring Section 34-C of the Tamil Nadu Registration (Amendment) Act, 2025, as enacted under Act No.1 of 2026 as ultra vires the Constitution of India, arbitrary and violative of Articles 14 and 300A of the Constitution of India and (b) call for the records pertaining to the refusal check slip No.RFL/ Thiruvalankadu/15/2026 dated 27.3.2026 issued by the fourth respondent and quash the same and consequently direct the fourth respondent to register the Deed of Revocation of General Power of Attorney dated 27.03.2026 presented by the petitioner. For Petitioner:

Mr.K.V.Muthuvisakan For Respondents:

Mr.T.Gowthaman Additional Advocate General assisted by Mr. R.Veeramani Government Pleader for R1 to R4

W.P.No.18194 of 2026:

M.Devapprakash S/o.Muthusamy, Door No.45-46, Park Avenue, Race Course, Coimbatore South, Coimbatore-641 018.

Petitioner Vs 1.The Union of India Rep. by its Secretary, Ministry of law and Justice, New Delhi-110 001 2.The State of Tamil Nadu Rep. by its Secretary, Law Department, Fort St. George, Chennai-600 009 3.The Inspector General of Registration No.100, Santhome High Road, Chennai-600 028 4.The Sub Registrar, Coonoor, Nilgiris District.

5.The Kartery Veera Saiva Company Limited Temple Street, Katery Village and Post, Coonoor, Nilgiris-643 213 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Declaration relating to Section 34-C of the Registration (Tamil Nadu Amendment) Act, 2025 being Tamil Nadu Act

1 of 2026, published in the Tamil Nadu Government Gazette Extraordinary No.30 dated 23.01.2026 declaring the same as unconstitutional, arbitrary and void.

For Petitioner:

Mr. K.V.Muthuvisakan For Respondents:

Dr.G.Babu Senior Panel Counsel for R1 Mr. T.Gowthaman Additional Advocate General Assisted by Mr. R.Veeramani Government Pleader for R2 to R4 COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) These writ petitions have been filed seeking a writ of declaration that Section 34-C of the Taml Nadu Registration (Amendment) Act, 2025, as enacted under Act No.1 of 2026, as ultra vires the Constitution of India, arbitrary and violative of Articles 14 and 300A of the Constitution of India.

In W.P.No.15413 of 2026, the petitioner had sought for quashing of the refusal check slip dated 27.3.2026 issued by the fourth respondent therein and to direct the fourth respondent to register the deed of revocation of general power of attorney dated 27.3.2026.

2. An identical issue was considered by a Co-ordinate Bench of Madurai Bench of Madras High Court in W.P.(MD) No.7415 of 2026 etc. batch, decided on 23.06.2026 [M/s.Dugars, rep. by its Partner Manjo Kumar Dugar, Kodaikanal-624 101 v. The State of Tamilnadu, rep. by its Secretary to Government, Registration Depratment, Chennai-600 009].

3. The issue raised in these writ petitions is squarely covered by the order dated 23.6.2026 passed in W.P.(MD) No.7415 of 2026 etc. batch. The operative portion of the order is reproduced below: "134. Accordingly, all the Writ Petitions are allowed. Consequently, the refusal check slip dated 18.02.2026 issued by the District Registrar, Bypass Road, Oyyakondansiruvayal, Karaikudi, is set aside and he is directed to register the gift deed dated 16.02.2026 presented by the petitioner in W.P.(MD) No.6183 of 2026, forthwith.

There shall be no order as to costs.

Consequently, connected miscellaneous petitions are closed."

4. Therefore, the order dated 23.6.2026 passed in W.P.(MD) No.7415 of 2026 etc. batch shall apply mutatis mutandis to the facts

and circumstances of these writ petitions as well.

5. These writ petitions are, accordingly, disposed of. There shall be no order as to costs. The refusal check slip dated 27.3.2026 issued by the fourth respondent is quashed and the fourth respondent is directed to register the deed of revocation of general power of attorney dated 27.3.2026 presented by the petitioner in W.P.No.15413 of 2026 forthwith.

There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 30.06.2026 Index :

Yes/No :

Yes/No bbr

To:

1.The Secretary, Union of India Ministry of law and Justice, New Delhi-110 001 2.The State of Tamil Nadu Rep. by its Secretary, Law Department, Fort St. George, Chennai-600 009 3.The Inspector General of Registration No.100, Santhome High Road, Chennai-600 028 4.The Sub Registrar, Coonoor, Nilgiris District.

4.The Sub Registrar Thiruvalankadu Sub Registrar Office, Thiruvallur District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

bbr 30.06.2026