Durairaj v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)Nos.11160 & 11161 of 2026 Durairaj ... Petitioner Vs 1.The District Registrar, Pudukkottai District.

2.The Sub Registrar, Keeramangalam, Pudukkottai District.

3.Bhuvaneshwaran 4.Saran Shree Subash 5.Sivanandham ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the 2nd respondent bearing No.31/2026 dated 27.05.2026 and quash the same.

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For Petitioner : Mr.M.Gnana Guru Nathan For Respondents : Mr.R.Parthiban Government Standing Counsel for R.1 & R.2

ORDER

This writ petition challenges the impugned order dated 27.05.2026. By the said order, the objections submitted by the petitioner for registration of any document with reference to the property has been disposed of. As a matter of fact, the Sub Registrar considered the objections as well as the relevant documents and found that there are several documents which is in favour of the petitioner and that the title claimed by the respondents 3 to 5 itself is doubtful. The Sub Registrar ultimately ordered the registration of the document. 2.The learned counsel for the petitioner would submit that once the Sub Registrar found the title to be doubtful and was unable to conclusively determine the rival claims, he ought to have relegated the parties to the competent Civil Court and should not have permitted registration of the document.

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3.The learned Government Standing Counsel would submit that the settled legal position is that the Sub Registrar should not refuse on the ground of dispute in the title.

4.I have considered the rival submissions made on either side and perused the material records of the case.

5.Now the law on the subject is made clear by the Hon'ble Supreme Court of India in the decision reported in (2026) 2 SCC 696 (K.Gopi Vs Sub Registrar & others). The Hon'ble Supreme Court of India had held that mere registration will not by itself confer a title which does not exist and it is only a public notice of the party dealing with the document and keeping open the liberty of the petitioner to approach the civil Court or to deal with the property in the manner known to law.

6.In the light of the aforesaid legal position, this Writ Petition cannot be entertained. It is made clear that the mere disposal of the petitioner's objections or the registration of the document shall not, by itself, affect or prejudice any right that the petitioner may otherwise have in respect of the subject property. It is always open to the petitioner to approach the competent Civil Court and work out his remedies in the manner known to law or to deal with the property. 3/5

7.With the aforesaid observation and liberty to the petitioner, this Writ Petition disposed of at the admission stage. No costs. Consequently, connected miscellaneous petitions are closed.

04.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Registrar, Pudukkottai District.

2.The Sub Registrar, Keeramangalam, Pudukkottai District.

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D.BHARATHA CHAKRAVARTHY, J.

MGA 04.06.2026 5/5