Radha 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.15146 of 2026 Radha ... Petitioner Vs.

1.The District Registrar, O/o.the District Registrar, Sivagangai District.

2.The Joint Sub Registrar-II, Joint Sub Registrar No.II Office, Sivagangai, Sivagangai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certioarified Mandamus, calling for the entire records pertaining to the impugned refusal check slip issued by the second respondent in RFL/2 No Joint Sub Registrar Sivagangai/30/2026 dated 15.05.2026 and to quash the same as unconstitutional and illegal, consequently, directing the second respondent to register the sale deed document dated 15.05.2026 forthwith.

For Petitioner : Mr.M.Sridharan For Respondents : Mr.S.Vashik Ali Government Standing Counsel Page No. 1 of 4

ORDER

This Writ Petition challenges the impugned refusal check slip, whereby the document presented by the petitioner for registration was 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. Page No. 2 of 4

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 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.

NCC : No 25.06.2026 smn2 To 1.The District Registrar, O/o.the District Registrar, Sivagangai District.

2.The Joint Sub Registrar-II, Joint Sub Registrar No.II Office, Sivagangai, Sivagangai District.

Page No. 3 of 4

D.BHARATHA CHAKRAVARTHY , J.

smn2 25.06.2026 Page No. 4 of 4