M.Thangaraj 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 1.M.Thangaraj 2.M.Jeyaram 3.M.Elango .. Petitioners - Vs. - - The Sub Registrar, Oddanchathiram Sub Registrar Office, Oddanchathiram Circle, Dindigul 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 relating to the impugned refusal check slip issued by the respondent in RFL/Oddanchathiram/No.13/2026 dated 07.04.2026 and quash the same, and consequently direct the respondent to register the partition deed dated 06.04.2026 presented by the petitioners.
For Petitioners : Mr.M.O.Thevan Kumar For Respondent : Mr.F.Deepak Special Government Pleader 1/4
ORDER
The Writ Petition is filed challenging the impugned refusal check slip, dated 07.04.2026.
2. When the petitioners presented a deed of partition, the same is now refused to be registered on the ground that the petitioners have to mutate the revenue records before presenting the document. Upon hearing the learned counsel for the petitioners and on perusing the material records of the case, it is the case of the petitioners that originally the property belongs to Ramasamy Gounder. He died on 09.11.1993. Thereafter, the property devolved on the petitioners' father, Muthusamy and he died on 20.10.2024. Both the death certificate and the legal hardship certificate of both the said persons are produced. The patta stands in the name of Ramasamy Gounder itself. Therefore, the reason mentioned in the impugned refusal check slip cannot be sustained.
3. The learned Special Government Pleader appearing on behalf of the respondent is not in a position to make out a case to sustain the reason mentioned in the impugned refusal check slip. When the Patta Passbook Act is in the name of the grandfather of the petitioners and the title is traceable on the basis of the death certificate and the legal hardship certificate, in the instant 2/4
case, the document cannot be refused merely on the ground of mutation of revenue records. It is for the petitioners to take such expeditious steps for mutation of the revenue records also.
4. In view thereof, the Writ Petition is allowed on the following terms: (i) The impugned refusal check slip, dated 07.04.2026 shall stand quashed;
(ii) Within two weeks from the date of receipt or a web copy of the order, the petitioners shall represent the said document along with the original patta passbook in the name of their grandfather, the death certificate and the legal heirship certificate of Ramsamy Gounter and Muthusamy and upon production of the same, if there is no other impediment, the deed shall be registered.
No costs.
20.04.2026 sji NCC: No 3/4
D.BHARATHA CHAKRAVARTHY, J.
sji To The Sub Registrar, Oddanchathiram Sub Registrar Office, Oddanchathiram Circle, Dindigul District.
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