Murugan v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05-03-2026
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD).No.5066 of 2026 Murugan ... Petitioner Vs.
The Sub Registrar, Office of Joint Sub Registrar Office-I, Pudukkottai, Pudukkottai District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records comprised in P/I-Joint Sub Registrar Pudukkottai/55/2026 dated 13.02.2026 on file of the respondent and quash the same as arbitrary and illegal and consequently direct the respondent to register and release the sale deed in Doc.No.TP/251742723/2026 dated 13.02.2026 kept pending in P/I-Joint Sub Registrar Pudukkottai/55/2026 and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.
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For Petitioner :
Mr.K.Prabhakar For Respondent :
M/s.K.Malathi Additional Government Pleader
ORDER
The writ petition has been filed to quash the impugned order dated 13.02.2026 and consequently, direct the respondents to register and release the sale deed dated 13.02.2026.
2. Heard Mr.K.Prabhakar, learned counsel for petitioner and M/s.K.Malathi, learned Additional Government Pleader, who takes notice for the respondent.
3. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.
4. Upon perusal of the impugned order dated 13.02.2026, it is clear that the document has to be further considered in detail and therefore it is kept pending.
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5. The learned counsel for the petitioner would submit that there is no legal ground exist to keep the matter pending.
6. The learned Additional Government pleader appearing on behalf of the respondent would submit that the District collector is verifying all the pattas issued in respect of the natham property and he doubts that some of these lands have been wrongly classified as grama natham. As a result pattas have been issued. Consequently, the District Collector had sent a letter to the District Registrar instructing not to register the documents until the work is completed and therefore, the document is kept pending.
7. I have considered the rival submissions made on either side and perused the material records or the case.
8. If any land is sold in violation of the conditional assignment, the appropriate authorities have the right to resume the land. If any poramboke land is sold, even then it will not bind the Government and they can always take proceedings under the Tamil Nadu Land Encroachment Act, provided it can establish that the land in question is a 3/6
Poramboke land. Therefore, the apprehension of the District Collector that the proprietary rights of the respective landlords should remain suspended until the completion of administrative work is directly in violation of Article 300A of the Constitution of India. As such, this cannot be a valid reason to withhold registration.
9. In view thereof, this writ petition is allowed on the following terms:- i. The impugned order passed by the respondent dated 13.02.2026 stands quashed;
ii. The respondent is directed to register the document within a period of one week from the date of receipt of a web copy of this order, without waiting for the certified copy of the order. iii. No costs. Consequently, connected miscellaneous petition is closed.
05.03.2026 Index: Yes Speaking Order: Yes rgm 4/6
To The Sub Registrar, Office of Joint Sub Registrar Office-I, Pudukkottai, Pudukkottai District.
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D.BHARATHA CHAKRAVARTHY, J.
rgm and W.M.P(MD).No.5066 of 2026 05.03.2026 6/6