Naveen v. The Sub Register

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 30.03.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Naveen ... Petitioner Vs.

The Sub-Registrar, No.2, Joint Sub Registrar Office, Karur, Karur District.

...Respondent

Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the record relating to the impugned refusal check slip issued by the respondent in Refusal Number:RFL/No.2 Joint Sub-Registrar Karur/25/2026 dated 11.03.2026 and quash the same as illegal and consequently, direct the respondent to register the judgment and Decree passed in O.S.No.45/2022 on the file of the learned Additional District Court, Karur presented by the petitioner in Temporary Document No.TP/257266042/2026 forthwith within a stipulated time that may be fixed by this Court. For Petitioner :Mr.J.Senthil Kumaraiah For Respondent :Mr.D.S.Nedunchezhian Special Government Pleader

ORDER

This writ petition is filed for a certiorarified mandamus challenging the impugned refusal check slip, dated 11.03.2026 and quash the same and consequently, to direct the respondent to register the judgment and decree passed in O.S.No.45 of 2020 on the file of the Additional District Court, Karur and presented by the petitioner for registration. 2.Upon hearing the learned counsel on either side and perusing the material records of the case, it can be seen that there is a land acquisition proposal in respect of the instant survey number by the Special Tahsildar, and therefore the registration of the judgment and decree is refused.

However, upon considering the decree, it can be seen that the suit was filed by one Naveen and Kaveen, against the private respondents therein, to declare that they are the owners in respect of 1/4th share in the suit schedule properties mentioned as item Nos.1 to 8 herein and for a permanent injunction in respect of the state property that is declared. Declaratory decree is only declare the existing right and title and the interest that is already vested in the parties with reference to the said property. Therefore, this cannot even be said to be any new transaction or alienation. It would only further aid the land acquisition process if at all the land in question is acquired to identify the sharers in respect of the property. 3.

(i)The impugned order dated 11.03.2026 shall stand set aside. (ii)The respondent is directed to register the decree presented by the petitioner, if otherwise the presentation is in order. (iii)The aforesaid excise shall be completed within a period of three weeks from the date of receipt of the web copy of the order. (iv)No costs.

30.03.2026 NCC:Yes/No Ns To The Sub-Registrar, Mathuagupatti Sub Registrar Office, Sevarakottai Village, Sivagangai District.

D.BHARATHA CHAKRAVARTHY, J.

Ns 30.03.2026