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Madras High CourtWP(MD)/1602/2026disposed of

R.Palavesam v. The Joint Sub Registrar

2026-01-23Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.1602 of 2026 and W.M.P.(MD)Nos.1274 & 1278 of 2026 R.Palavesam ... Petitioner Vs The Joint Sub Registrar, Tenkasi Sub Registrar Office, Tenkasi District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal check slip in Refusal Number RFL/1 Joint Sub Registrar Tenkasi/39/2025, dated 30.10.2025 on the file of the respondent and quash the same as illegal and consequently direct the respondent to register the released deed dated 27.10.2025 (Pagha Viduthalai Pathiram) executed by the petitioner's brothers and sisters in favour of the petitioner within the time stipulated by this Court. For Petitioner : Mr.I.Pinaygash For Respondent : Mr.M.Lingadurai, Spl. Govt. Pleader 1/6

O R D E R

This Writ Petition is filed challenging the impugned refusal check slip passed by respondent in RFL/1 Joint Sub Registrar Tenkasi/39/2025, dated 30.10.2025 and also seeking for a consequential direction, directing the respondent to register the released deed dated 27.10.2025 (Pagha Viduthalai Pathiram) executed by the petitioner's brothers and sisters in favour of the petitioner within the time stipulated by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner would submit that the petitioner's brothers and sisters have executed a released deed dated 27.10.2025 in favour of the petitioner. When the petitioner presented the said released deed for registration, the same was refused to be registered, by simply stating that there is an encumbrance without any specific reason. Challenging the same, the petitioner has filed this Writ Petition.

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4. The learned Special Government Pleader appearing for the respondent would submit that after considering the objections if any, the released deed dated 27.10.2025 executed in favour of the petitioner would be registered.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. On a perusal of the records, it is seen that the petitioner's brothers and sisters have executed a release deed dated 27.10.2025, relinquishing their rights in favour of the petitioner. When the petitioner's brothers and sisters are having right over the property, they are certainly entitled to relinquish the said right by way of executing a release deed. Even if there is any encumbrance/disputes in respect of the subject property, when the petitioner is claiming right over the property, the said dispute will not be a bar for the respondent to register the release deed. Therefore, I do not find any impediment for the respondent to register the release deed. In such view of the matter, the impugned order is passed without application of mind and the same is liable to be set aside.

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7. Accordingly, the impugned refusal check slip issued by the respondent dated 30.10.2025 is set aside. The petitioner is directed to re-present the released deed dated 27.10.2025 before the respondent. Upon receipt of the same, the respondent is directed to register the said release deed 27.10.2025 immediately in accordance with law and thereafter, release the said document within 24 hours.

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

23.01.2026 vsm Index : Yes/No NCC : Yes/No 4/6

To The Joint Sub Registrar, Tenkasi Sub Registrar Office, Tenkasi District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.1602 of 2026 23.01.2026 6/6