Madras High CourtWP(MD)/3645/2026allowed

Rajkumar v. The Sub Registrar

2026-02-10Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 10.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.3645 of 2026 Rajkumar ... Petitioner Vs The Sub-Registrar, Sub Registrar Office, Kayathar, Thoothukudi District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal slip No.RFL / Kayathar / 1 / 2026 dated 29.01.2026 passed by the respondent and consequently direct the respondent to register the partition deed presented by the petitioner in respect of the land in S.F.No.289/1, S.F.No.291/3B and S.F.No.299/1C to the total extent of 1.95.00 hectares situated in Savaleperi, Kayathar Taluk, Thoothukudi District, within stipulated time frame fixed by this Court.

For Petitioner : Mr.M.Prabhu For Respondent : Mr.A.Kannan, Additional Government Pleader 1/5

O R D E R

The present writ petition has been filed challenging the impugned Refusal Slip No.RFL/Kayathar/1/2026 dated 29.01.2026 passed by the respondent and to quash the same and consequently direct the respondent to register the partition deed presented by the petitioner in respect of the lands comprised in S.F.No.289/1, S.F.No.291/3B and S.F.No.299/1C, measuring a total extent of 1.95.00 hectares, situated at Savaleperi Village, Kayathar Taluk, Thoothukudi District, within a time frame to be fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that the subject properties originally belonged to the petitioner's father. While so, on 16.11.2025, a forged entry came to be reflected in the Encumbrance Certificate of the subject properties as though a sale deed bearing Document No.1991 of 2005 had been executed in favour of BMM Paper Board Private Limited, without the knowledge or consent of the petitioner's family. It is further submitted that subsequently, on 12.08.2011, the petitioner's father executed a settlement deed bearing Document No.2631 of 2011 and the same was registered before the respondent, in favour of the petitioner and his siblings. 2/5

3. The learned counsel would further submit that pursuant to the settlement deed, a joint patta was issued in favour of the petitioner and his siblings and the same stands in Patta No.649. Thereafter, the petitioner and his siblings decided to partition the subject properties and accordingly, presented a partition deed before the respondent on 29.01.2026. However, the respondent refused to register the same by citing the forged sale deed bearing Document No.1991 of 2005 as an impediment, even though the said document had already been cancelled earlier. Hence, the present writ petition.

4. The learned Additional Government Pleader appearing for the respondent would submit that though a sale deed was executed in the year 2005, the same was cancelled in the year 2007 and therefore, if the petitioner re-presents the document, the respondent would consider the same in accordance with law.

5. This Court has considered the submissions made on either side and perused the materials placed on record. It is evident that though a sale deed was registered in the year 2005, the same had already been 3/5

cancelled in the year 2007. In such circumstances, there is no subsisting encumbrance or legal impediment preventing registration of the partition deed between the petitioner and his siblings. The refusal slip appears to have been issued without proper application of mind.

6. Therefore, the impugned Refusal Slip No.RFL/Kayathar/1/2026 dated 29.01.2026 is liable to be set aside. Accordingly, the same is set aside. The petitioner is directed to re-present the partition deed dated 29.01.2026 before the respondent and upon such re-presentation, the respondent is directed to register the same forthwith, if the document is otherwise in order.

7. Accordingly, the writ petition stands allowed. No costs. 10.02.2026 Index : Yes/No Internet: Yes/No TSG To The Sub-Registrar, Keeramangalam Sub Registrar Office, Pudukkottai District.

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KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.3645 of 2026 10.02.2026 5/5