Palani v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2026

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.Palani 2.Manogaran .. Petitioners vs 1.The District Registrar, Dharmapuri District.

2.The Sub Registrar, Sub Registrar Office, Dharmapuri (West), Dharmapuri District.

.. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the impugned order passed by the second respondent in Refusal Number.REL/Dharmapuri West/103/2025 dated 17.09.2025 and quash the same and consequently direct the second respondent to register the sale deed submitted by the petitioners on 12.09.2025.

For Petitioners :

Mr.T.Ganesan For Respondents :

Mr.Stalin Abimanyu, Additional Government Pleader 1/4

ORDER

The petitioners assert that their grandfather, Mr.Kaliappan, owned 5.57 acres in Survey No.351 at Balagangamanahalli Village. After extents of 2.45 acres and 1.76 acres were conveyed to Kasiammal and P.S.Balakrishnan, respectively, it is stated that 1.36 acres remain in the petitioners' possession and enjoyment. When the petitioners executed a sale deed dated 12.09.2025 in respect of 92 cents out of the remaining extent of 1.36 acres, the request for registration was declined under the refusal check slip challenged herein.

2. Mr.Stalin Abimanyu, learned Additional Government Pleader, accepts notice for both the respondents. He submits that the petitioners may provide an explanation as to how they are entitled to convey 92 cents and that a speaking order would be issued upon receipt of such explanation under Section 71 of the Registration Act, 1908.

3. On perusal of the impugned order, it appears that the request for registration was not accepted on the ground that there is no land remaining in Survey No.351. The petitioners have stated in the affidavit that an extent of 1.36 acres remains even after deducting conveyances effected by their grandfather and his legal heirs.

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4. In these circumstances, this writ petition is disposed of on the following terms:

4.1 The petitioners shall provide an explanation with regard to the retention of 1.36 acres, including 92 cents proposed to be conveyed under the sale deed dated 12.09.2025. Such explanation shall be provided within two weeks from the date of receipt of a copy of this order;

4.2 Within two weeks from the receipt of such explanation, the registering officer shall either register the sale deed or issue a speaking order of refusal under Section 71 of the Registration Act, 1908.

There shall be no order as to costs.

27.01.2026 Index:Yes/No mmi 3/4

SENTHILKUMAR RAMAMOORTHY,J.

mmi To 1.The District Registrar, Dharmapuri District.

2.The Sub Registrar, Sub Registrar Office, Dharmapuri (West), Dharmapuri District.

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