Anees Fathima v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.05.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.10648 of 2026 Aneesh Fathima ... Petitioner Vs.

1. The Sub Registrar, Office of Sub-Registrar, Melapalayam, Tirunelveli District.

2. The Inspector of Police, Melapalayam Police Station, Tirunelveli.

...Respondents

Prayer: Writ Petition, 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 the impugned Refusal slip in Refusal Number RFL/Melapalayam/102/2026 dated 09.05.2026 issued by the 1st respondent and quash the same as illegal and arbitrary and consequently direct the 1st respondent to register the Settlement deed dated 09.05.2026 presented by the petitioner for registration within the time fixed by this Court and pass such further or other orders as this Honble

Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.R.Ponkarthikeyan For R1 : Mr.D.Gandhiraj Special Government Pleader For R2 : Mr.A.Albert James Government Advocate

ORDER

The present writ petition has been filed to quash the impugned refusal check slip dated 09.05.20265 and consequently, direct the 1st respondent to register the Settlement Deed dated 09.05.2026.

2. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, it is the grievance of the petitioner that the document presented for registration was refused on the ground that the petitioner did not produce the original Parent Deed upon which he relied.

3. In view of Section 34C of the Registration Act, the said reason cannot be assailed. However, the petitioner contends that the Parent Deed has been lost and is not traceable. In such a case, it will be open to the petitioner to lodge a complaint with the 2nd respondent police. Thereupon, the complaint shall be dealt with in accordance with law, following the timeline prescribed.

4. In view thereof, the writ petition is disposed of on the following terms:- i. Within two weeks from the date of receipt of the web copy of this order, the petitioner is directed to lodge a complaint before the 2nd respondent police regarding the missing of the Parent Deed. ii. On receipt of the complaint, the 2nd respondent police are directed to take up the matter and trace the document. If the document remains untraceable, an appropriate non-traceable certificate shall be issued to the petitioner.

iii. Thereafter, it shall be open to the petitioner to represent the document along with the non-traceable certificate. The document may then be considered for registration and shall be registered if there is no other impediment.

iv. No costs. Consequently, connected miscellaneous petition is closed.

21.05.2026 rgm

To

1. The Sub Registrar, Office of Sub-Registrar, Melapalayam, Tirunelveli District.

2. The Inspector of Police, Melapalayam Police Station, Tirunelveli.

D.BHARATHA CHAKRAVARTHY , J.

rgm and W.M.P(MD)No.10648 of 2026 21.05.2026