Chandrasekar R v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD) No.3276 of 2026 R.Chandrasekar ... Petitioner Vs.

1.The Sub-Registrar Sankarankoil Registrar Office, Sankarankoil.

2 Muthulakshmi 3.Durgadevi 4.Jothi 5.Selvan 6.Arumugam 7.Sankaralingam 8.Muthulakshmi 9.Sankaragomathi 10.Sankaragomathi 11.Shanmugasundaram 12.Thiruvaimozhi 1/6

13.Lakshmanan

...Respondents

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus, calling for the records of the impugned refusal check slip in Refusal No. RFL/Sankarankovil/180/2025 dated 26.12.2025, passed by the first respondent quash the same and consequently, direct the first respondent to register the sale deed presented by the petitioner dated 22.12.2025. For Petitioner : Mr.C.Karthikeyan For R1 : Mr.R.Parthiban Standing Counsel For R2 to R13 : Ms.N.Vijayalakshmi

ORDER

The writ petition has been filed challenging the impugned Refusal Check Slip dated 26.12.2025.

2. When the petitioner presented a sale deed for registration, registration was refused by the impugned order on the ground that, in respect of the very same property, third parties had earlier dealt with the property under Document Nos.188 of 1995, 189 of 1995, 190 of 1995 and 191 of 1995.

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3. The primary contention of the learned counsel for the petitioner is that the aforesaid four documents trace title through a parent document, namely, a Settlement Deed dated 27.09.1968. According to the petitioner, the property originally belonged to four sisters, and only one of them had fraudulently executed the said Settlement Deed. It is further submitted that, in the civil proceedings between the parties, which ultimately culminated in S.A.(MD)No.1196 of 2001, this Court specifically held that the said Settlement Deed was null and void. Thereafter, the remaining co-sharers dealt with the property independently. Subsequently, a partition suit was instituted by the concerned parties and in the said suit, a decree was passed, and pursuant to the said decree, the petitioner has purchased the property from the respondents 2 to 13, who are the respective sharers.

4. The learned Standing Counsel appearing for the first respondent submitted that there is no specific declaration by any Court with regard to the documents referred to in the impugned Refusal Check Slip.

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

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6. It is the specific case of the petitioner that the Settlement Deed dated 27.09.1968, executed by one of the co-sharers without authority, has already been declared null and void by the competent Civil Court and such finding has been affirmed by this Court in the second appeal. According to the petitioner, the transactions covered under Document Nos.188 of 1995 to 191 of 1995 were effected only through and under the said Settlement Deed during the pendency of the civil proceedings and, therefore, such transactions cannot bind either the petitioner or his predecessors-in-title.

7. In the above circumstances, this writ petition is disposed of on the following terms:

(i) The impugned Refusal Check Slip dated 26.12.2025 is set aside.

(ii) Within a period of three weeks from the date of receipt of the web copy of this order, the petitioner shall re-present the document for registration. Along with the document, the petitioner shall also produce copies of the judgments of the competent Civil Court and the judgment of this Court in S.A.(MD)No.1196 of 2001 before the first respondent.

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(iii) Upon such re-presentation, the first respondent shall verify the petitioner's claim as to whether Document Nos.188 of 1995 to 191 of 1995 trace their title to the Settlement Deed dated 27.09.1968, which has been declared null and void. If the first respondent is satisfied that the said documents derive title solely through the aforesaid Settlement Deed, the document presented by the petitioner shall be registered, provided there is no other legal impediment.

No costs.

19.06.2026 NCC : No smn2 To The Sub-Registrar Sankarankoil Registrar Office, Sankarankoil.

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D.BHARATHA CHAKRAVARTHY, J.

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