Mohanalakshmi Sundaramurthi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD)No.4509 of 2026 Mohanalakshmi Sundaramurthi ... Petitioner Vs

1. The Sub Registrar, Uraiyur Sub-Registration Office, Tiruchirappalli.

2. The Block Development Officer, Andhanallur Panchayat Union, Tiruchirappalli.

3. The Manager, Home Loan Center, State Bank of India, State Bank Road, Cantonment, Tiruchirappalli.

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of CERTIORARIFIED MANDAMUS calling for records pertaining to the impugned refusal check slip in 1/6

RFL/Urayur/18/2026 dated 04.02.2026 and quash the same, and consequently direct the 1st respondent to register the Memorandum of Deposit of Title Deed dated 04.02.2026.

For Petitioner : Mr.B.E.Ashwin Bala Someshwerar For Respondents : Mr.M.Lingadurai, Spl. Govt. Pleader for R1 & R2

O R D E R

This Writ Petition is filed challenging the impugned refusal check slip dated 04.02.2026 issued by the 1st respondent and also seeking for a consequential direction, directing the 1st respondent to register the Memorandum of Deposit of Title Deed dated 04.02.2026.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed against the third respondent, notice to them is dispensed with.

3. The learned counsel appearing for the petitioner would submit that the petitioner is a bonafide purchaser of the subject property. 2/6

The petitioner applied for a home loan before the third respondent, which was duly approved. Consequently, the petitioner executed a Memorandum of Deposit of Title Deeds dated 04.02.2026. However, when the same was presented for registration, the first respondent refused to register the document on the ground that the layout approval in respect of the subject property is alleged to be forged and that an investigation is pending before the Directorate of Vigilance and Anti-Corruption (DVAC). Challenging the same, the petitioner has filed this Writ Petition.

4. The learned counsel appearing for the petitioner would submit that the vigilance proceedings will no way affect the registration of the Memorandum of Deposit of Title Deed. He would further submit that even assuming the layout approval is a forged one, the 1st respondent ought not to have registered the previous documents, but, however, the same house sites have been previously registered as house sites. Therefore, the impugned order is liable to be set aside. 3/6

5. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that since vigilance enquiry is pending with regard to obtaining layout approval from BDO as well as panchayat, they are not in a position to register the Memorandum of Deposit of Title Deed dated 04.02.2026.

6. This Court heard the submissions made by the learned counsel appearing on either side and perused the materials available on record.

7. Admittedly, vigilance enquiry is pending with regard to getting layout approval from BDO as well as panchayat. Even in the vigilance inquiry, if it is proven that the layout approval was forged, criminal action can be taken against the persons involved in the proceedings, and that will not in any way affect the character of the property. Now the petitioner is executed a Memorandum of Deposit of Title Deed for obtaining loan for constructing a house. Therefore, it is the matter between the borrower and bank. Therefore, I do not find any impediment for the first respondent to register the Memorandum of 4/6

Deposit of Title Deed presented by the petitioner. Hence, the impugned order is liable to be set aside.

8. Accordingly, the impugned order is set aside. The petitioner is directed to represent the Memorandum of Deposit of Title Deed dated 04.02.2026 before the 1st respondent. Upon representation, the first respondent is directed to register the same forthwith.

9. With the above directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

27.02.2026 vsm Index : Yes/No NCC : Yes/No 5/6

KRISHNAN RAMASAMY, J.

vsm TO

1. The Sub Registrar, Uraiyur Sub-Registration Office, Tiruchirappalli.

2. The Block Development Officer, Andhanallur Panchayat Union, Tiruchirappalli.

3. The Manager, Home Loan Center, State Bank of India, State Bank Road, Cantonment, Tiruchirappalli.

WP(MD) No.5386 of 2026 Date : 27.02.2026 6/6