S.Ramalakshmi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.8229 of 2026 S.Ramalakshmi .. Petitioner - Vs. - - 1.The District Registrar, Department of Registration, District Registrar Office, Virudhunagar District.

2.The Sub Registrar, Keelarajakularaman Sub Registration Office, Rajapalaym Taluk, Virudhunagar District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check slip issued by the second respondent vide Refusal No.RFL/Keelarajkularaman/42/2025, dated 05.08.2025 and to quash the same as illegal and consequently directing the second respondent to receive and register the rectification deed dated 18.07.2025 presented as per the Registration Act 1908, within the time frame. 1/5

For Petitioner : Mr.P.Muthusamy For Respondents : Mr.A.Baskaran Additional Government Pleader

ORDER

The Writ Petition challenges the impugned refusal check slip, dated 05.08.2025.

2. When a rectification deed to rectify the mistake relating to the survey number was filed, the same is now refused for registration. The reason mentioned is that the death certificate and the legal heirship certificate are not produced for the original claimant of the document dated 01.10.1997. The second reason that is mentioned is that the earlier minor share was also conveyed and therefore, if a rectification deed is presented, the minor share should be excluded.

3. I have considered the submissions made by the learned counsel on either side.

4. The learned counsel would submit that they are ready with the death certificate and the legal heirship certificate and the same can be produced when 2/5

the document is represented. The second reason that is mentioned is that the minor share, which was originally conveyed, should be excluded. When the purpose of the rectification deed is only to correct the survey number and when the identity of the property is not disputed and the vendor has consented and they are executing the deed, merely because, originally, the minor share was also conveyed, at this point of time, it cannot be required to be excluded. As a matter of fact, the minor share stood conveyed by the registration of the document in the year 1997 itself, what is now sought to be rectified is only the survey number. In any event, it is for the minor to repudiate the transaction, if he wishes, within three years from the date of attaining of the majority. By now, the said period would have also been over.

5. In view therefore, the second reason is not sustainable. This Writ Petition is allowed on the following terms:

(i) The impugned refusal check slip, dated 05.08.2025 shall stand set aside;

(ii) Within one week from the date of receipt of a web copy of the order, the petitioner shall re-present the document along with the 3/5

death certificate and the legal heirship certificate of Subbiah Pillai and if there is no other impediment, the document shall be registered; (iii) Needless to mention that the latest encumbrance certificate or such other procedural formalities shall also be complied with. No costs. Consequently, connected miscellaneous petition is closed. 17.04.2026 sji NCC: No To 1.The District Registrar, Department of Registration, District Registrar Office, Virudhunagar District.

2.The Sub Registrar, Keelarajakularaman Sub Registration Office, Rajapalaym Taluk, Virudhunagar District.

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D.BHARATHA CHAKRAVARTHY, J.

sji and W.M.P.(MD)No.8229 of 2026 17.04.2026 5/5