Ponnambalam v. The Joint Sub Registrar - Ii

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.1413 of 2026 Ponnambalam .. Petitioner - Vs. - 1.The Joint Sub Registrar-II, Sivagangai District, Sivagangai.

2.The Central Bureau of Investigation, Office of Head of Branch & Deputy Inspector General of Police, CBI, EO-VII, Bhubaneswar Qtr.No.4R/19, Unit 8, Bhubaneswar-751012 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned Refusal Check Slip in RFL/No.2 Joint Sub Registrar, Sivagangai/3/2026 dated 12.01.2026 on the file of the first respondent and quash the same and further directing the first respondent to receive and register the gift deed dated 09.01.2026 executed by the petitioner pertaining to the property in S.No.20/1 and situated at Valarpirai Nagar, Pulliyanthoppu Village, Navaneedhan, Usilankulam Utkadai, Kadamangalam Group, Sivagangai District.

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For Petitioner : Mr.G.Prabu Rajadurai for Mr.S.Selva Aditya For Respondents : Mr.R.Parthiban Government Standing Counsel for R1 Mr.C.Muthu Saravanan Special Public Prosecutor for CBI for R2

ORDER

The writ petition is filed challenging the impugned refusal check slip dated 12.01.2026.

2. When the petitioner presented a gift deed for registration on 09.01.2026, the same was refused by the first respondent through the impugned order. The reason assigned was that the second respondent, namely, the Central Bureau of Investigation, had issued a communication dated 18.04.2018 directing that no document be registered in respect of survey No.20/1 and the other survey numbers mentioned therein. It is stated that a case of cheating had been registered against a third party in the State of Bihar, who had cheated several persons, and that these properties were suspected to be those of the accused. Therefore, the said communication was issued.

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3. When the matter came up for hearing, the learned counsel appearing on behalf of the petitioner pointed out two earlier Judgments of this Court in W.P.(MD)No.19902 of 2019 and W.P.(MD)No.13251 of 2025, wherein, after considering the fact that there was no attachment order passed in the investigation proceedings and that the petitioner was not an accused in respect of the case before the CBI, the documents were directed to be registered.

4. Even today, the learned Special Public Prosecutor appearing on behalf of the Central Bureau of Investigation is not in a position to point out any order of attachment passed in respect of the property or point out that the petitioner is an accused in any criminal case.

5. In view thereof, the reasons stated in the impugned refusal check slip cannot be sustained. Accordingly, the Writ Petition is allowed on the following terms:

i. The impugned refusal check slip dated 12.01.2026 3/6

shall stand set aside;

ii. Within three weeks from the date of receipt of a web copy of this order, the petitioner can represent the document and the same shall be registered if there is no other impediment.

iii. No costs. Consequently, connected miscellaneous petition is closed.

16.06.2026 sji NCC: Yes/No To 1.The Joint Sub Registrar-II, Sivagangai District, Sivagangai.

2.The Central Bureau of Investigation, Office of Head of Branch & Deputy Inspector General of Police, CBI, EO-VII, Bhubaneswar Qtr.No.4R/19, Unit 8, Bhubaneswar-751012 4/6

D.BHARATHA CHAKRAVARTHY, J.

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