Rasulappan.A v. The Sub - Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR JUSTICE G. R. SWAMINATHAN W.P. No. 19973 of 2026 Rasulappan.A S/o.Abdul Rahman, No.13, Old Santhapettai, Mettupalaya, Coimbatore 641 301.
..Petitioner(s) Vs
1. The Sub - Registrar, Mettupalayam Sub - Register Office, Mettupalayam.
2. Rangammal,
3. Chinnammal .T
4. Selvam.T
5. Thirumoorthy.T.
S/o.Thimma Naicker,Residing, Mallanaickenur, ..Respondent(s)
PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the 1st respondent in proceedings refusal check slip No.Na.Ka.185 /2026 dated 17/04/2026 and quash the same as illegal, incompetent and without jurisdiction and further direct the 1st respondent to register the Sale Deed dated 17/01/2026 presented by petitioner, within a stipulated time.
For Petitioner(s):
Mr. A.Arun Kumar For Respondent(s):
Mr. M. Murali Government Advocate for R1
ORDER
Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for respondent No.1. Notice to respondent Nos.2 to 5 is dispensed with.
2. A Sale deed dated 07.01.2026 was executed in favour of the writ petitioner by one Prabakaran and was presented for registration. The Sub Registrar had declined to register the document by citing the pendency of O.S.No.198 of 2019 on the file of the District Munsif Court, Mettupalayam, instituted by respondents 2 to 4.
3. It is not in dispute that no interim order has been granted in the civil suit. It is seen that the Writ Petitioner had earlier filed W.P.No.7292 of 2026 for
the very same relief and this Court, vide order dated 04.03.2026, quashed the refusal check slip and remanded the matter to the first respondent therein; however, post remand, the very same order has been passed.
4. It is well settled that mere pendency of a civil suit without any interim injunction having been granted therein, cannot be a reason for declining to register a document. In this view of the matter, the impugned refusal check slip is quashed. The parties are at liberty to re-present the document. The first respondent is directed to register the document subject to fulfilment of other usual conditions.
5. Accordingly, this Writ Petition stand allowed. There shall be no order as to costs.
20-05-2026 Asi/ Ssk To
1. The Sub - Registrar, Mettupalayam Sub - Register Office, Mettupalayam.
2. Rangammal,
3. Chinnammal .T
4. Selvam.T
5. Thirumoorthy.T.
S/o.Thimma Naicker,Residing, Mallanaickenur,
G.R.SWAMINATHAN, J.
Asi / Ssk W.P. No. 19973 of 2026 20-05-2026