S.Murugesan, v. The Sub-Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2026
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD)No.12353 of 2026 S.Murugesan ... Petitioner Vs.
The Sub-Registrar, Udankudi Sub-Registrar Office, Udankudi, Thoothukudi District.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certioarified Mandamus, calling for the records of the impugned Refusal Check Slip Refusal Number RFL/Udankudi/4/2026 dated 03.02.2026 passed by the respondent and quash the same as illegal and consequently seeking to direct the respondent to register the Sale Deed presented by the petitioner in respect of the property situated in Survey Nos.568/1, 568/2, 568/3, 577/1 and 577/2, Paramankurichi Village, Tiruchendur Taluk, Thoothukudi District, within a time frame fixed by this Court.
For Petitioner : Mr.R.J.Karthick For Respondent : Mr.P.Rajagopalan Government Standing Counsel
ORDER
This Writ Petition challenges the impugned refusal check slip, whereby the document presented by the petitioner for registration was Page No. 1 of 4
refused on the ground that the original parent document, referred to and relied upon in the instrument presented for registration, had not been produced and that no non-traceable certificate had been furnished.
2. The said refusal is founded upon Section 34-C of the Registration Act, 1908, as inserted by Tamil Nadu Act 1 of 2026.
3. By order dated 23.06.2026 in M/s.Dugars, represented by its Partner v. State of Tamil Nadu and Others [W.P.(MD) No.7415 of 2026 etc., batch], Section 34-C of the Registration Act, 1908, has already been declared unconstitutional.
4. In view of the aforesaid judgment, the legal position that prevailed prior to the insertion of Section 34-C would govern the present case. Consequently, the production of a certified copy of the parent document would suffice for the purpose of registration and the registering authority is bound to consider the same in accordance with law.
5. Accordingly, this Writ Petition is allowed on the following terms: (i) The impugned refusal check slip is set aside. The petitioner is permitted to re-present the document Page No. 2 of 4
for registration along with a certified copy of the parent document. Upon such presentation, the registering authority shall process the document and complete the registration, if it is otherwise in order and if there exists no other legal impediment. (ii) There shall be no order as to costs.
NCC : No 25.06.2026 smn2 To The Sub-Registrar, Udankudi Sub-Registrar Office, Udankudi, Thoothukudi District.
Page No. 3 of 4
D.BHARATHA CHAKRAVARTHY , J.
smn2 25.06.2026 Page No. 4 of 4