S.Pechithai v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN S.Pechithai ...Appellant Vs.

1.The District Registrar, Thoothukudi, Thoothukudi District.

2.The Sub Registrar, Sub Registrar Office, Srivaikundam, Thoothukudi District.

...Respondent

PRAYER:- Writ Appeal - filed under Clause 15 of the Letters Patent, to set aside the order passed in W.P.(MD)No.36163 of 2025 dated 18.12.2025.

For Appellant : Mr.G.Chandru For Respondents : Mr.C.Jeganathan Government Advocate 1/4

JUDGMENT

(Judgment of the Court was delivered by N.SATHISH KUMAR, J.) This writ appeal is filed challenging the order of the learned Single Judge dismissing the writ petition filed by the appellant/writ petitioner challenging the refusal check slip issued by the Sub Registrar. 2.When the matter was taken up for hearing today, the learned Government Advocate appearing for the respondents submitted that pending writ appeal, the document in question has already been registered by the registering authority. However, the same has not yet been released.

3.This Court is of the considered view that once a document has been duly registered, the Registering Authority has no authority to withhold or retain the same, unless the document is subjected to the proceedings initiated under the provisions of the Indian Stamp Act. In the absence of any such proceedings, there is no legal justification for retaining the registered document.

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4.In view of the above submission this Writ Appeal is disposed of. The Sub Registrar is directed to release the registered document to the respondent, if the same is not subjected to the proceedings under Section 47-A of the Indian Stamp Act. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. [N.S.K., J.] & [M.J.R., J.] 05.06.2026 Index :Yes/No Internet :Yes ta 3/4

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

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