Porselvi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 06.04.2026

CORAM

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

1.The Sub Registrar, Joint-II Office of the Sub Registrar, Sivagangai.

2.The Inspector of Police, Kalaiyarkoivl Police Station, Sivagangai District.

(R2 is suo motu impleaded vide order of this Court dated 06.04.2026)

...Respondents

Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned refusal slip issued by the respondent in refusal Number:RFL/2 Joint Sub Registrar, Sivagangai/25/2026 dated 27.03.2026 and quash the same and consequently direct the respondent to register the sale deed forthwith executed by the petitioner on 27.03.2026. For Petitioner :Mr.M.Pitchai Muthu For R1 :Mr.A.Baskaran Additional Government Pleader For R2 :Mr.K.Gnanasekaran, Government Advocate (Crl.Side)

ORDER

This writ petition is filed challenging the impugned refusal check slip dated 27.03.2026.

2.Upon perusal thereof, it can be seen that when the petitioner presented the document, the same is refused for want of production of the original parent deed.

3.It is the contention of the learned counsel for the petitioner that the original parent document is missing and he has already given a complaint to the file of the second respondent.

4.The learned Additional Government Pleader appearing for the first respondent would submit that in view of section 34C of the Act, without the original document, they cannot be registered. In respect of missing document, non traceable certificate has to be produced. 5.I have considered the rival submissions made on either side and perused the material records of the case.

6.Since in this case already a complaint has been given to the file of the second respondent, the second respondent police shall take up the complaint lodged by the petitioner for consideration and by following the relevant time line given under the circulars, shall issue a non traceable certificate if the document could not be traced as early as possible. It will be open for the petitioner to re-present the document along with the nontraceable certificate and if there is no other impediment, the document shall be registered upon re-presentation.

7.With the above observation, this Writ Petition stands disposed of. No costs.

06.04.2026 NCC:Yes/No Ns To 1.The Sub Registrar, Athiramappattinam Sub Registrar Office, Thanjavur.

2.The Executive Officer, Arulmigu Varatharaja Perumal Temple, Athiramapattinam, Thanjavur.

D.BHARATHA CHAKRAVARTHY, J.

Ns 06.04.2026