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Madras High CourtWP(MD)/3204/2026disposed of

V.Santhanam, v. The District Registrar,

2026-02-06Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 06/02/2026

CORAM

The Hon`ble Mr.Justice KRISHNAN RAMASAMY and WMP(MD) No.2635 of 2026 V.Santhanam ... Petitioner Vs

1. The District Registrar,, Tiruchirappalli Registration District, Tiruchirappalli District-620 001.

2. The Sub Registrar, Mannachanallur Sub Registrar Office, Tiruchirappalli District-621 005.

... Respondents PRAYER :- Writ Petition, 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 2nd respondent pertaining to the impugned refusal check slip in Refusal Number RFL/Mannachanallur/156/2025 dated 21.06.2025, quash the same as illegal, and consequently direct the 2nd Respondent to register the Sale Deed dated 21.06.2025 presented by the petitioner in respect of the property comprised in Survey No. 10/4B3B, measuring an extent of 0.01.46 hectares, wherein Plot No.06 measuring a total extent of 1575 square feet (146.32 sq. metres), situated 1/6

at Vengakkudi Village, Manachanallur Taluk, Tiruchirappalli District, For Petitioner : Mr.C.Abul Kalam Azad For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned refusal order passed by the 2nd respondent in Refusal Number RFL/Mannachanallur/156/2025 dated 21.06.2025, and direct the 2nd respondent to register the Sale Deed dated 21.06.2025 presented by the petitioner in respect of the property comprised in Survey No.10/4B3B, measuring an extent of 0.01.46 hectares, wherein Plot No.06 measuring a total extent of 1575 square feet (146.32 sq. metres), situated at Vengakkudi Village, Manachanallur Taluk, Tiruchirappalli District.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

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3. When the petitioner presented the document/sale deed for registration, the same was refused to be registered by the 2nd respondent on the ground that there was an order of attachment passed by the Court below in respect of the property in question. Challenging the said refusal, the petitioner is before this Court.

4. The learned Special Government Pleader would submit that in the present case, since as on the date of presentation of the sale deed, there was an attachment order operating against the subject property, the document was refused to be registered.

5. I have considered the rival submissions and perused the materials available on record.

6. It appears that in the present case, the petitioner intends to purchase the property in question and had paid the entire sale consideration and when the document was presented for registration, the same came to be refused on the ground that there was an attachment 3/6

order in respect of the subject property. In a partition suit filed against the original owner, the attachment came to be made. However, as per the partition deed, the original vendor is entitled to 12.08 cents of land and out of which, the petitioner as a purchaser intends to purchase and paid sale consideration in respect of 1575 sq. ft. alone. If the original vendor is entitled to his share of 12.08 cents of property, certainly, in the final decree proceedings, it would reflect. The said attachment was made only to protect the interest of the parties therein. The suit is of the year 2016 and vide Document No.5 of 2020, encumbrance has been registered.

7. In view of the above, when the final decree proceedings is passed, the entitlement of the original vendor finds a place. Therefore, the petitioner as a purchaser intend to purchase subject to attachment and there is no impediment for the 2nd respondent to register the document subject to attachment.

8. Accordingly, the writ petition stands allowed and the impugned order is set aside and the petitioner is directed to represent the document and upon such representation, the 2nd respondent shall register the same 4/6

forthwith subject to attachment, if the same is otherwise in order. No costs. Consequently connected Miscellaneous Petition is closed. 06.02.2026 NCC : Yes/No Index : Yes/No RR TO

1. The District Registrar,, Tiruchirappalli Registration District, Tiruchirappalli District-620 001.

2. The Sub Registrar, Mannachanallur Sub Registrar Office, Tiruchirappalli District-621 005.

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KRISHNAN RAMASAMY, J RR

ORDER

IN WP(MD) No.3204 of 2026 Date : 06/02/2026 6/6