Seenath Nizar v. Sub-Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-03-2026
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD).No.6283 of 2026 Mrs.Seenath Nizar ... Petitioner Vs.
1. Sub-Registrar, Tenkasi Sub-Registrar Office, Tenkasi District.
2. Mrs.Rahmal Beevi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for records pertaining to impugned order / Refusal Check Slip No. Tenkasi/51/2025 passed by the respondent in refusing registration of the Release Deed dated 17.12.2025 presented as Pending No. TP/242375716/2025, quash the same as illegal and arbitrary, and consequently direct the respondent to register the Release Deed dated 17.12.2025 presented by the petitioners, within a time frame to be fixed by this Honble Court deem fit under the circumstance of the case and thus render justice.
For Petitioner : Mr.R.Jeya Revathy For R1 : Mr.A.Baskaran Additional Government Pleader 1/4
ORDER
The writ petition has been filed challenging the impugned Refusal Check Slip dated 17.12.2025.
2. Heard Mr.R.Jeya Revathy, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader, who takes notice on behalf of the 1st respondent.
3. Upon hearing the learned counsel on either side and perusing the material records of the case, it is evident that the document was also executed on behalf of one Aminal, who is the daughter of Shahul Hameed. It is stated that she suffers from mental illness. However, in the absence of proof of her mental condition and without the appointment of a guardian for her, the impugned Refusal Check Slip has been issued.
4. The Hon'ble Division Bench of this Court has held that in the exercise of its powers under Article 226, it is within the Court's authority to appoint a guardian in such cases.
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5. Therefore, the petitioner may move a writ petition, enclosing proof of Aminal's mental illness. Upon considering the evidence, this Court will appoint a guardian under Article 226 of the Constitution of India.
6. If the petitioner succeeds in obtaining the order, they can then submit the document along with the order, upon which a representation can be made, provided there are no other impleaded parties.
7. It is unnecessary to mention that, with regard to the legal heirship of Mohammed Ismail, it is the petitioner's responsibility to obtain the same in the manner prescribed by law and produce it accordingly.
8. The writ petition is disposed of with the above directions and observations. No costs. Consequently, connected miscellaneous petition is closed.
23.03.2026 Index: Yes Speaking Order: Yes rgm 3/4
D.BHARATHA CHAKRAVARTHY, J.
rgm To Sub-Registrar, Tenkasi Sub-Registrar Office, Tenkasi District.
Note: Registry is directed to return the original impugned impugned order to the petitioner.
and W.M.P.(MD).No.6283 of 2026 23.03.2026 4/4