Sellamuthu v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MRS. JUSTICE N. MALA

1. Sellamuthu, M/57, S/o.Karuppusamy Gounder, Annanagar West, Mulanur Village, Dharapuram Taluk, Tiruppur District.

2. Harshini, F/26, D/o.Sellamuthu, Annanagar West, Mulanur Village, Dharapuram Taluk, Tiruppur District.

... Appellants Vs.

The Sub Registrar, Mulanur, Tiruppur District.

... Respondent Prayer: Writ Appeal has been filed under Clause 15 of Letters Patent, pleased to set aside the order dated 04.03.2026 made in W.P.No.6667 of 2026 on the file of this Hon'ble Court.

For Appellants:

Mr. R.Prabakar For Respondent:

Mr.Roshan Atiq.M.

Government Advocate.

Page Nos.1/4

J U D G M E N T

(Order of the Court was made by G.Jayachandran J.) The appellants herein, being aggrieved by the refusal check slip issued by the Sub-Registrar, SRO Mulanur, filed W.P.No.6607 of 2025 praying for the issuance of Writ of Certiorarified Mandamus to quash the impugned refusal check slip.

2. This Court, on considering the grounds challenging the impugned check slip, has quashed the refusal check slip dated 27.01.2026 issued by the respondent and directed the respondent to consider the document presented for registration on its merits, in accordance with law and to take a final decision.

3. Not being satisfied with the said order, the present Writ Appeal is filed on the ground that the learned Single Judge ought to have exercised the discretionary jurisdiction to issue a positive direction for registration.

4. Before the learned Single Judge, the refusal check slip dated 27.01.2026 and the reasons assigned were subjected to scrutiny. The learned Single Judge has rightly quashed the refusal check slip and granted liberty to the Page Nos.2/4

writ petitioners to present the document along with necessary records for fresh consideration. It is the responsibility and duty of the Registering Authority to consider the document and act in accordance with law.

5. This Court cannot step into the shoes of the Registering Authority and pass positive orders to register the document. Therefore, the Writ Appeal is not maintainable.

6. Hence, the Writ Appeal stands dismissed. There shall be no order as to costs.

(Dr. G.JAYACHANDRAN, J.) & (N.MALA J.) 02-06-2026 Index :Yes/No :Yes/No bsm To,

1. The Sub Registrar, Mulanur, Tiruppur District.

2. The Government Pleader, High Court, Madras. Page Nos.3/4

Dr. G.JAYACHANDRAN, J.

AND N.MALA, J.

bsm 02-06-2026 Page Nos.4/4