Ajmalkhan v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Ajmalkhan ... Petitioner vs.

The Sub-Registrar, Office of the Sub-Registrar, Keelakkarai, Ramanathapuram District. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned refusal check slip made in Refusal Number RFL/Keelakkarai/53/2025 dated 06.06.2025 issued by the respondent and to quash the same as illegal and consequently direct the respondent herein to register the power deed dated 06.06.2025 presented by the petitioner and his wife relating to the properties comprised in S.Nos.124/2B2, 99/1C2, 94/1B, 168/1C2, 98/1A, 99/1C of Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District. For Petitioner : Mr.M.Maran For Respondent : Mr.S.Saji Bino Special Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to quash the refusal check slip dated 06.06.2025 and consequently direct the respondent herein to register the power deed dated 06.06.2025.

2. The respondent refused to register the power deed stating that the petitioner ought to produce a certificate issued by the Subordinate Judge, Ramanthapuram, in O.S.No.166 of 2023, stating that there is no stay against registering the document.

3. The contention of the petitioner is that there is no stay in the said suit, which is evident from the e-court diary. However, the respondent insisted that the e-court diary is not sufficient and that a certificate from the Subordinate Court is necessary.

4. This Court is of the considered opinion, when there is no stay, a negative certificate cannot be demanded. Since the e-court diary clearly indicates that there is no stay, the respondent ought to accept the same and proceed with the registration of the document. Therefore, the refusal check slip dated 06.06.2025 is set aside. The respondent is directed to register the power deed dated 2/4

06.06.2025 within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above said direction, this Writ Petition is allowed. No costs. 17.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub-Registrar, Office of the Sub-Registrar, Keelakkarai, Ramanathapuram District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 17.06.2025 4/4