Kaliyaperumal v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15.04.2026

CORAM

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

1.The Sub Registrar, Nangavaram Sub Registrar Office, Nangavaram, Kulithalai Taluk, Karur Distric.

2.Sangeetha

...Respondents

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 first respondent proceedings made in Refusal Check slip, Refusal No.RFL/Nangavaram/29/2026, dated 24.03.2026 quash the same and further direct him to register the settlement deed dated 24.03.2026 within a stipulated period as may be fixed by this Court. For Petitioner :Mr.H.Jahir Hussain For R1 :Mr.F.Deepak Special Government Pleader

ORDER

This writ petition is filed challenging the impugned refusal check slip dated 24.03.2026.

2.When the petitioner presented the settlement deed for registration, the same is now refused on the ground that a suit in O.S.No.108 of 2014 is pending.

3.It is the contention of the learned counsel for the petitioner that the suit is not pending and the suit was also disposed off vide judgment and decree dated 28.10.2025 and the petitioner is only the defendant in the said suit.

4.I have also heard the learned Special Government Pleader appearing on behalf of the respondent.

5.It is already held by this Court that mere pendency of the suit cannot be a ground for refusing to register the document, as such, the reason mentioned in the refusal check slip is unsustainable. Furthermore, it can also be seen that the suit is also disposed off.

6.In view thereof, the writ petition is disposed of at the admission stage on the following terms:

(i)The impugned refusal check slip dated 24.03.2026 shall stand set aside and the matter is remanded back to the file of the first respondent. (ii)The first respondent shall issue due notice to the petitioner and the second respondent and conduct an inquiry, and it will be open for the petitioner to place a copy of this order as well as the judgment and decree in the said civil suit and the first respondent shall pass further orders in accordance with law, within a period of two weeks thereafter. (iii)No costs. Even with reference to the lack of previous documents, it is submitted by the learned counsel for the petitioner that the land in question is Grama natham and Patta has been granted in favour of the petitioner evidencing his possession and enjoyment of the property. 15.04.2026 NCC:Yes/No Ns To 1.The Sub Registrar, Nangavaram Sub Registrar Office, Nangavaram, Kulithalai Taluk, Karur Distric.

D.BHARATHA CHAKRAVARTHY, J.

Ns 15.04.2026