Mohamed Ali Jinna v. The Sub Registrar
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 23.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.4907 of 2026 Mohamed Ali Jinna ... Petitioner Vs The Sub Registrar, Kalayarkovil Sub Registrar Office, Kalayarkovil Taluk, Sivagangai 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 pertaining to the impugned refusal check slip No.RFL/Kalayarkovil/7/2026, dated 13.01.2026 on the file of the respondent and quash the same as illegal and consequently to direct the respondent to register the settlement deed, Palkulam, Kalayarkovil Taluk, Sivagangai District, presented by the petitioner for registration. For Petitioner : Mr.M.Vivekandan For Respondent : Mr.A.Kannan, Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the impugned Refusal Check Slip No. RFL/Kalayarkovil/7/2026 dated 13.01.2026 on 1/5
the file of the respondent and consequently seeking a direction to the respondent to register the settlement deed relating to the property situated at Palkulam, Kalayarkovil Taluk, Sivagangai District, presented by the petitioner for registration.
2. Mr.A.Kannan, learned Additional Government Pleader, takes notice for the respondent.
3. The learned counsel appearing for the petitioner submitted that the subject land was originally allotted to the petitioner by the competent authority. Subsequently, on the allegation that the petitioner was not cultivating the land, the patta was cancelled. Challenging the said cancellation, the petitioner filed a writ petition in W.P.(MD).No.1617 of 2024 and this Court granted an order of interim stay on 29.11.2024, which is still in force. While so, the petitioner intended to execute a settlement deed in favour of his wife in respect of the said property and presented the same for registration. However, the respondent refused to register the document on the ground that the patta had been cancelled. 2/5
4. The learned Additional Government Pleader appearing for the respondent submitted that in view of the earlier cancellation of patta, the respondent refused registration. However, he fairly submitted that since this Court has granted an interim stay in W.P.(MD).No.1617 of 2024, appropriate orders may be passed.
5. This Court has considered the submissions made on either side. Admittedly, the order cancelling the patta has been put under interim stay by this Court in W.P.(MD).No.1617 of 2024 dated 29.11.2024. When the operation of the cancellation order is stayed, the effect of such cancellation remains in abeyance pending disposal of the writ petition. The registering authority is not competent to adjudicate title disputes. So long as there is no prohibitory order restraining alienation or registration and the interim stay granted by this Court is in force, there is no impediment for the respondent to entertain the document for registration, if it is otherwise in order.
6. Accordingly, the impugned Refusal Check Slip dated 13.01.2026 is set aside. The petitioner is directed to re-present the settlement deed dated 13.01.2026 before the respondent. Upon such re3/5
presentation, and if the document is otherwise in order and there is no subsisting prohibitory order from any competent Court, the respondent shall register the same forthwith.
7. With the above directions, this Writ Petition stands disposed of. No costs.
23.02.2026 TSG Speaking/Non-speaking order Index : Yes / No To The Sub Registrar, Kalayarkovil Sub Registrar Office, Kalayarkovil Taluk, Sivagangai District.
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KRISHNAN RAMASAMY, J.
TSG W.P.(MD)No.4907 of 2026 23.02.2026 5/5