M.P.Raja Suresh v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No. 35670 of 2025 M.P.Raja Suresh

...Petitioner

Vs.

The Sub-Regsitrar, Ganapathy, Coimbatore North Taluk, Coimbatore.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of certiorarified mandamus, to call for the impugned refusal letter vide RFL/Ganapathy/20/2025 dated 02.09.2025 passed by the respondent and quash the same as illegal and consequently direct the respondent to register the sale deed dated 02.09.2025 pertaining to S.No.25/3A1B, in Vilankurichi Village, Coimbatore North Taluk, Coimbatore District to an extent of 95.67 Cents and release the same forthwith within the time frame.

(Prayer amended vide order dated 11.11.2025 made in WMP.No.46371 of 2025 in WP.No.35670 of 2025 by KRJ)

For Petitioner : Mr.Sricharan Rangarajan Senior Counsel for M/s.D.Saravanan and N.Shrivatsan For Respondent : Mr.P.Harish Government Advocate

O R D E R

Sale deed dated 02.09.2025 was executed by one Santhalingam in favour of the petitioner. Upon being presented for registration, the request for registration was refused by order dated 02.09.2025, which is challenged herein.

2.Learned Senior Counsel for the petitioner relies on K.Gopi Vs. SubRegistrar and Others, 2025 SCC Online SC 740 (K.Gopi) to contend that the Sub-Registrar does not have the power to adjudicate on title or to refuse registration on the ground that the parent document was not produced.

3. In K.Gopi, Rule 55-A of the Registration Rules, which mandated production of the original parent document, was struck down. Circular

No.18223-C1 dated 08.11.2013, which is also cited in the impugned order, was struck down in M.Kathirvel Vs. Inspector General of Registration and others, 2024 SCC Online Mad 6154.

4. Considering these developments, the impugned refusal check slip cannot be sustained and is, hereby, set aside. As a corollary, the petitioner is permitted to re-present the relevant sale deed for registration, subject to fulfilment of other requirements relating to registration. Necessary measures for registration of the instrument shall be taken within two weeks from the date of re-presentation thereof.

5. On the above terms, this Writ Petition is disposed of. No costs. 11.12.2025 NCC: No Index : No Speaking Order : Yes kkn

SENTHILKUMAR RAMAMOORTHY, J.

KKN To The Sub-Regsitrar, Ganapathy, Coimbatore North Taluk, Coimbatore.

11.12.2025