Thirupathi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.369 of 2026 and W.M.P.(MD)No.353 of 2026 Thirupathi ... Petitioner Vs

1. The Sub Registrar, Bodinayakkanur,

2. Amutha

3. Chithradevi

4. Madhumitha ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Refusal Check Slip No.RFL/Bodinayakkanur/24/2025 dated 23.12.2025 issued by the 1st Respondent and quash the same as illegal, and consequently direct the 1st Respondent to register the Sale Deed dated 23.12.2025 executed in favour of the petitioner in respect of the property situated at Sowdammal Koil Street, Bodinayakkanur Town, Theni District. 1/6

For Petitioner : Mr.J.Vishnu For Respondents : Mr.K.R.Badurus Zaman Govt. Advocate for R1 No Appearance for R2 to R4

O R D E R

This Writ Petition is filed challenging the impugned refusal check slip issued by the 1st Respondent and also seeking for a consequential direction to direct the 1st Respondent to register the Sale Deed dated 23.12.2025 executed in favour of the petitioner in respect of the property situated at Sowdammal Koil Street, Bodinayakkanur Town,

2. The learned counsel appearing for the petitioner would submit that when the petitioner presented a sale deed for registration, the same was refused to be registered on the ground that the legal heir certificates of the co-owners of the property were not produced. Challenging the same, the petitioner has filed this Writ Petition.

3. The learned Government Advocate appearing for the first respondent would submit that in the absence of production of the legal 2/6

heir certificates of the co-owners, they are not in a position to register the sale deed.

4. This Court heard the submissions made by both sides and also perused the materials available on record.

5. Considering the facts and circumstances of the case, this Court is of the view that there is no dispute with regard to the claim of right over the subject property. Further, if at all there is any dispute with regard to the claim of right over the subject property, it is for the contesting parties to resolve the same before the competent civil Court. Therefore, I do not find any impediment for the authorities concerned to register the sale deed. Hence, the impugned order is liable to be set aside.

6. Accordingly, the impugned order dated 23.12.2025 passed by the 1st respondent is set aside. In the event, if the sale deed is represented, the 1st respondent is directed to register the same forthwith, if it is otherwise in order.

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7. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

29.01.2026 vsm Index : Yes/No NCC : Yes/No 4/6

To The Sub Registrar, Bodinayakkanur, 5/6

KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.369 of 2026 29.01.2026 6/6