Marimuthu v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 06.04.2026

CORAM

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

The Sub Registrar Singampunari Sub-Registrar Office, Sivagangai District.

...Respondent

Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal cheque slip No.RFL/Singampunari/9/2026 dated 05.03.2026 of the respondent and quash the same as illegal and consequently, directing the respondent to register the sale deed document presented by the petitioner for registration within the period that may be stipulated by this Court.

For Petitioner :Mr.V.G.Vallarasu Chezhiyan For R1 :Mr.A.Baskaran, Additional Government Pleader

ORDER

This writ petition is filed challenging the impugned refusal check slip dated 05.03.2026.

2.When the petitioner presented a sale deed for registration, it is refused to register the same on two grounds. Firstly, it is stated that when the sale deed is executed on behalf of the power of attorney, the life certificate of the principal should be produced. No exception can be taken in respect of the said finding.

3.The learned counsel for the petitioner undertakes to produce the same. Secondly, the same is refused to be registered on the ground that three years before a sale agreement seems to have been registered and no entry for cancellation of the said document is made. It is already made clear that the sale agreement per se does not create any charge on the property and if at all the previous agreement holder is aggrieved, it is always open for him to seek for specific performance and the subsequent transaction will not bind him. Therefore, for the mere pendency of the earlier sale agreement and without an entry of cancellation, the document cannot be refused to be registered.

4.In view thereof, this writ petition is ordered on the following terms: (i)The impugned refusal check slip dated 05.03.2026 shall stand set aside inasmuch as it refuses the registration of the document on the ground of pendency of an earlier sale agreement, the petitioner shall re-present the document within two weeks from the date of receipt of web copy of the order along with the life certificate of the principal of the executant. (iii)upon verification and re-presentation of the same, if there is no other impediment, the same shall be registered. (iii)No costs.

06.04.2026 NCC:Yes/No Ns To The Sub Registrar Singampunari Sub-Registrar Office, Sivagangai District.

D.BHARATHA CHAKRAVARTHY, J.

Ns 06.04.2026