P. Sabari Varshan v. The District 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.13085 of 2026 and W.M.P.(MD)Nos.9832 and 9833 of 2026 P.Sabari Varshan ... Petitioner Vs.

1.The District Registrar, Ramanathapuram District.

2.The Sub Registrar, Muthukulathur, Ramanathapuram.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certioarified Mandamus, calling for the impugned order dated 01.04.2026 under proceeding No. RFL/Muthukulathur/30/2026 on the file of the second respondent herein and quash the same as illegal and consequently direct the second respondent herein to register the sale deed dated 01.04.2026. For Petitioner : Mr.K.R.Laxman For Respondents : Mr.R.Parthiban 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. Consequently, the connected Miscellaneous Petitions are closed.

NCC : No 25.06.2026 smn2 To 1.The District Registrar, Ramanathapuram District.

2.The Sub Registrar, Muthukulathur, Ramanathapuram.

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D.BHARATHA CHAKRAVARTHY , J.

smn2 25.06.2026 Page No. 4 of 4