Mahalakshmi v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 04.03.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Mahalakshmi ... Petitioner Vs.

1.The District Registrar, Mayiladuthurai District.

2.The Sub Registrar, Kuthalam, Kuthalam Sub-Registrar Office, Mayiladuthurai District.

3.M.Dharmendhiran

...Respondents

Writ Petition is 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 order passed by the 2nd respondent in Refusal No.REL/Kuthalam/9/2026 dated 10.02.2026 and quash the same and consequently direct the 2nd respondent to register the judgment and decree in O.S.No.301/2020 was filed before the Principal Subordinate Judge, Kumbakonam.

For Petitioner :Mr.C.Geetha For R1 & R2 :Mr.D.S.Neduchezhian Government Advocate

ORDER

This writ petition is filed challenging the impugned Refusal No.REL/Kuthalam/9/2026 dated 10.02.2026.

2.Upon hearing the learned counsel for the petitioner and perusing the materials of the case, the petitioner filed a suit in O.S.No.301 of 2020 to declare that the petitioner is the owner in respect of the property mentioned in the schedule. Accordingly, the petitioner succeeded and decree was passed. The petitioner had presented the said decree for registration. But, however, by following the usual procedure of asking for title documents, patta etc., refusal slip is issued.

3.When the civil Court declares the decree in favour of the petitioner whether he is in possession of the title document or not, it is for the civil Court to satisfy itself that the petitioner is the owner of the property. Whereas, once the Civil Court has expressed its satisfaction that the petitioner is the owner of the property, then at the time of registering the decree, no further ownership documents such as parent deed, patta, etc., can be insisted upon.

4.In view of the same, I am of the view that the reasons stated in the refusal slip cannot be sustained. Accordingly, this writ petition is allowed and the impugned order dated 10.02.2026 stands set aside. The second respondent is directed to to register the decree presented by the petitioner for registration in the manner known to law, if otherwise, the other procedural requirements are complied with. The said exercise shall be completed as expeditiously as possible, in any event, not later than eight(8) weeks from the date of receipt of Web order copy. No costs. 04.03.2026 NCC:Yes/No Ns To 1.The District Registrar, Mayiladuthurai District.

2.The Sub Registrar, Kuthalam, Kuthalam Sub-Registrar Office, Mayiladuthurai District.

D.BHARATHA CHAKRAVARTHY, J.

Ns 04.03.2026