Pachammal @ Prema v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Pachammal @ Prema ... Petitioner Vs.

The Sub Registrar, Vadasery Sub Registrar Office, Kanyakumari District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Refusal Check Slip No.RFL/Vadasery/ 133/2025 dated 23.12.2025 on the file of the respondent and quash the same as illegal and consequentially direct the respondent to register the document presented by the petitioner for registration. For Petitioner : Mr.M.Ananthkumar For Respondent : Mr.F.Deepak Special Government Pleader ***** Page No. 1 of 4

O R D E R

This Writ Petition is filed challenging the impugned Refusal Check Slip dated 23.12.2025. The property originally belonged to one Thanammal, the grandmother of the petitioner. The impugned Refusal Check Slip is passed on the ground that no formal partition has taken place and hence the document is refused.

2. The petitioner, namely Pachammal @ Prema, claims that after the death of her grandmother, through a partition suit and various deeds of release executed by the co-sharers in favour of the petitioner, she got the property. When that is the case, when all the earlier documents are reflected in the encumbrance, absence of a formal partition deed cannot be a ground for the Sub-Registrar to consider while refusing the document. When the patta has also been issued in the petitioner's name and when the petitioner is producing the parent deed through which she got the property, there is no ground for the Sub-Registrar to go into further intricate questions relating to title.

3. In view thereof, this Writ Petition is allowed on the following terms:

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i.

The impugned refusal check slip dated 23.12.2025 shall stand set aside and the matter is remanded back to the respondent. ii. The petitioner shall re-present the document, upon which the respondent shall register the same, if there is no other impediment.

iii. No costs.

24.03.2026 JEN To The Sub Registrar, Vadasery Sub Registrar Office, Kanyakumari District.

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D.BHARATHA CHAKRAVARTHY , J.

JEN 24.03.2026 Page No. 4 of 4