Madras High CourtWP(MD)/5825/2025disposed of

M.Sankareswari v. The Inspector General Of Registration

2026-06-02Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY M.Sankareswari ... Petitioner(s) - Vs. - 1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028 2.The District Registrar, Office of the District Registrar, Virudhunagar District, Virudhunagar 3.The Sub Registrar, Sub Registrar Office, Thiruthangal, Sivakasi Taluk, Virudhunagar District.

4. V.Murugesan,

5. Selvakumar,

6. Pitchaikani,

7. K.Balakrishnan (R4 to R7 are Impleaded Vide Court Order Dated 8.8.25 in W.M.P(MD)No.6015 of 2025) 8.S.Vinayagamoorthy

9. P.Rajkumar

10. J.Bhaskaran

11. V.Narayanamurthy ... Respondent(s) Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to calling for the records pertaining to the impugned Refusal Check Slip No. RFL/Thiruthangal/8/2025 dated 20.02.2025 by the 3rd respondent and quash the same as illegal and consequently directing the 3rd respondent to accept and register the Sale Deed presented by the petitioner without relying upon the order passed by the 2nd respondents cancellation of Settlement Deed in Doc. No. 71/2023 dated 22.11.2022 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner :Mr.P.Saravanakumar For R1 to R3 :Mr.R.Parthiban, Government Advocate For R8 to R11 :Mr.G.Thalaimutharasu For R4 :No appearance

ORDER

This writ petition is filed challenging the impugned refusal check slip dated 20.02.2025.

2.Upon hearing the learned counsel for the petitioner and perusing the impugned order, it can be seen that since the document of title claimed by

the petitioner is already set aside by an order passed under section 77A of the Act, the impugned refusal check slip is passed. 3.The learned counsel for the petitioner would contend that subsequently by the judgment of this Court in Kathirvel vs. District Registrar (WP(MD)No.12955 of 2023 etc, batch cases), the Division Bench has set aside the Section 77-A as unconstitutional and it is also held that the orders passed under the said provision would also be subject to challenge. Hence, the present writ petition is filed.

4.So long as the order passed under Section 77 A is not challenged by the petitioner, the petitioner cannot challenge the refusal check slip issued in his case. Therefore, keeping open the liberty of the petitioner to challenge the order passed under Section 77-A in the manner known to law, and the impugned refusal check slip passed, this writ petition is disposed of. No costs.

02.06.2026 NCC:Yes/No Ns

To 1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028 2.The District Registrar, Office of the District Registrar, Virudhunagar District, Virudhunagar 3.The Sub Registrar, Sub Registrar Office, Thiruthangal, Sivakasi Taluk, Virudhunagar District.

D.BHARATHA CHAKRAVARTHY, J.

Ns W.P(MD)No.5825 of 2026 02.06.2026