Madras High CourtWP(MD)/2630/2026dismissed

Manoharan Cr v. The District Registrar

2026-02-03Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.2630 of 2026 and W.M.P.(MD)No.2214 of 2026 1.C.R.Manoharan 2.Vijayalakshmi 3.C.R.Sugumar ... Petitioners Vs 1.The District Registrar, Theni, Theni District.

2.The Sub-Registrar, O/o. The Sub Registrar, Chinnamanur Sub Registrar, Theni District.

... Respondents 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 relating to the refusal check slip vide refusal No.RFL/Chinnamanur/40/2025 dated 24.09.2025 issued by the 2nd respondent and quash the same as arbitrary, illegal, without jurisdiction, ultra vires and consequently, direct the 2nd respondent to register the 1/6

General Power of Attorney deed dated 24.09.2025 within the time stipulated by this Court, in accordance with law. For Petitioners : Mr.S.Mukesh For Respondents : Mr.K.S.Selvaganesan, Addl Govt. Pleader

O R D E R

This Writ Petition is filed challenging the impugned refusal check slip issued by the 2nd respondent and also seeking for a consequential direction, directing the 2nd respondent to register the General Power of Attorney deed dated 24.09.2025 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 case of the petitioners is that the petitioners 1 and 2 executed a general power of attorney deed dated 24.09.2025 in favour of the third petitioner. When the petitioners presented the said power of attorney deed dated 24.09.2025 for registration, the same was refused to 2/6

be registered citing the reason that there is a doubt regarding the title and the petitioners were therefore, advised to approach the civil Court to establish their right. Challenging the same, the petitioners have filed this Writ Petition.

4. The Additional Government Pleader appearing for the respondents would submit that with regard to the subject property already more than 168 encumbrances were made and now they intend to deal with the property to the entire extent, based on an unregistered Will. Therefore, they are not in a position to register the power of Attorney Deed dated 24.09.2025. Hence, he prays for dismissal of this Writ Petition.

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

6. This Court finds force in the submissions made by the learned Additional Government Pleader appearing for the respondents. Based on an unregistered Will, the petitioners are claiming right over the properties and already with regard to the properties, several 3/6

encumbrances were made. Therefore, the right course available to the petitioner is only to approach the civil Court to establish their rights and not before this Court. Hence, I do not find any error in the impugned refusal check slip issued by the 2nd respondent and the Writ Petition is liable to be dismissed.

7. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

03.02.2026 vsm Index : Yes/No NCC : Yes/No 4/6

To 1.The District Registrar, Theni, Theni District.

2.The Sub-Registrar, O/o. The Sub Registrar, Chinnamanur Sub Registrar, Theni District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.2630 of 2026 03.02.2026 6/6