Meena Sulochana v. The Sub Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Meena Sulochana ... Petitioner Vs.

The Sub Registrar, Tenkasi joint II Sub Registrar Office, Tenkasi.

...Respondent

Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for records relating to the impugned refusal check slip of the respondent in RFL/Tenkasi Joint II/4/2026 dated 09-01-2026 and quash the same and consequently direct the respondent to register the Settlement Deed dated 09-01-2026 and release the same within the time frame fixed by this Honble Court and thus render justice. For Petitioner : Mr.P.P.Alwin Balan For Respondent : Mr.r.Parthiban Government Standing Counsel

ORDER

The present writ petition has been filed for the following relief:- "Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for records relating to the impugned refusal check slip of the respondent in RFL/Tenkasi Joint II/4/2026 dated 09-01-2026 and quash the same and consequently direct the respondent to register the Settlement Deed dated 09-01-2026 and release the same within the time frame fixed by this Honble Court and thus render justice."

2. The petitioner is the owner of the property comprised in Survey No. 642/2C, measuring an extent of 13 cents, situated in Melagaram Village, Tenkasi Taluk and District. While so, bogus death certificates were created as if the petitioner and her husband had died and on the basis of the same, a fraudulent legal heirship certificate was also obtained. Thereafter, certain third parties impersonated themselves as the petitioner's daughter and executed certain documents in respect of the said property. The petitioner has separately challenged the said documents.

3. In the meanwhile, the petitioner presented the present settlement deed for registration, settling the property in favour of her son. However, by placing reliance on the injunction order granted in favour of the petitioner in the pending writ petition, registration of the said document was refused. Prima facie, on a perusal of the documents impugned in the connected writ petition in W.P.(MD) No. 29285 of 2025, the same appear to be undoubtedly bogus.

4. The petitioner's title to the property cannot be divested by virtue of such fraudulent documents. Useful reference may be made to the judgment of the Hon'ble Supreme Court of India in K. Gopi vs. The Sub-Registrar and Others (Civil Appeal No. 3954 of 2025). It is always open to the petitioner to deal with the said property. When the petitioner, being the lawful owner of the property, executes a settlement deed in favour of her son, registration of the same cannot be refused, particularly by relying upon an injunction order granted in her favour. The said injunction order merely restrains the respondent in the writ petition from further dealing with or alienating the property and does not operate against the petitioner herself.

5. In view thereof, this writ petition is allowed on the following terms:- i. The impugned refusal check slip dated 09.01.2026 shall stand set aside;

ii. The petitioner shall represent the document within three weeks from the date of receipt of the web copy of the order. iii. Upon representation of the document, the same shall be registered if there is no other impediment.

iv. No costs.

09.06.2026 (1/2) rgm

To The Sub Registrar, Tenkasi joint II Sub Registrar Office, Tenkasi.

D.BHARATHA CHAKRAVARTHY , J.

rgm 09.06.2026 (1/2)