Petchimuthu C v. The Sub-Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2026
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.8588 of 2026 C.Petchimuthu .. Petitioner - Vs. - - The Sub Registrar, Office of the Sub Registrar, Keezhur, Tuticorin District.
.. Respondent 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 impugned Refusal Check Slip in Refusal No:RFL/Keezhur/31/2026, dated 10.03.2026 on the file of the respondent and quash the same as illegal and consequently direct the respondent to register the sale deed dated 09.03.2026 within the time limit stipulated by this Court. For Petitioner : Mr.K.Surya for M/s.Roy and Roy Associates For Respondent : Mr.A.Baskaran Additional Government Pleader 1/5
ORDER
The Writ Petition is filed challenging the impugned refusal check slip dated 10.03.2026.
2. The petitioner presented a sale agreement. The same is now refused to be registered on two grounds. Firstly, it is stated that there is a prior sale agreement, which remains pending and it has not been cancelled. The second reason that is mentioned is that the petitioner has not produced the original of the parent document relied upon by the petitioner.
3. The learned counsel for the petitioner would submit that both the reasons are unsustainable.
4. The learned Additional Government Pleader appearing on behalf of the respondent would submit that in view of Section 34-C of the Registration (Tamil Nadu Amendment) Act, 2025, without production of the original document or non-traceable certificate, the registration cannot be effected.
5. I have considered the rival submissions made on either side and 2/5
perused the material records of the case.
6. As far as the ground that the present sale agreement is the second sale agreement and the first agreement is pending is concerned, the same will not come within the realm for the Sub-Registrar to refuse. If the petitioner has violated the earlier agreement and sold the property, it is for the earlier agreement holder to take such steps for specific performance in his favour and the same cannot be a reason for refusal of the document. As far as the production of original is concerned, as on date since Section 34-C of the Act is in force, the petitioner has to either produce the original documents or, if the original documents are lost, he has to approach the jurisdictional police and get a non-traceable certificate and produce the same before the Sub Registrar for the purpose of registration. The learned counsel for the petitioner would submit that the petitioner will take such steps to obtain non-traceable certificate and thereafter represent the document.
7. In view thereof, this Writ Petition is allowed on the following terms: (i) The impugned refusal check slip, dated 10.03.2026, shall stand set aside;
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(ii) The petitioner shall represent the document along with non-traceable certificate or original parent deeds, if they are traced and thereafter, the document shall be registered, if there is no other impediment.
No costs. Consequently, connected miscellaneous petition is closed. 20.04.2026 sji NCC: No To The Sub Registrar, Office of the Sub Registrar, Keezhur, Tuticorin District.
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D.BHARATHA CHAKRAVARTHY, J.
sji and W.M.P.(MD)No.8588 of 2026 20.04.2026 5/5