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Madras High CourtWP(MD)/16515/2026allowed

Arulpriya v. The District Registrar

2026-06-17Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.06.2026

CORAM

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Arulpriya ... Petitioner Vs 1.The District Registrar, Thoothukudi District, Thoothukudi.

2.The Sub Registrar, Sub Registrar Office, Kovilpatti, Thoothukudi District.

... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the refusal check slip in RFL/Kovilpatti/77/2026 issued by the 2nd respondent dated 14.05.2026 and quash the same as unlawful and unsustainable consequently directing the 2nd respondent to register the Self Declaration Deed dated 14.05.2026 as and when the same is presented by the petitioner.

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For Petitioner : Mr.D.Packiaraj For Respondents : Ms.P.Sudarkodi Nachiar Government Standing Counsel

ORDER

The writ petition is filed challenging the impugned refusal check slip dated 14.05.2026.

2.The case of the petitioner is that earlier the petitioner, along with her mother-in-law and also on behalf of the minor son of the petitioner, executed a release deed for valuable consideration in favour of a third party, and the same was already registered as Document No.7237 of 2025. Subsequently, on the insistence of the said third party, since the minor's share is also involved, the petitioner has now presented a self declaration declaring that the minor's share was kept in a fixed deposit. The said document was refused to be registered on the ground that no prior permission of the concerned Jurisdictional Court was obtained.

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

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4. As far as the alienation of the minor's share is concerned, that is already registered, it will always be open for the minor to repudiate the same as and when he attains the age of majority. However, when the present document is one of declaration wherein they want to place on record, by way of a registered document, that the share of the minor is kept in a fixed deposit for his future educational expenses, the prior permission of the Court need not be insisted upon.

5. In view thereof, the reasons mentioned in the impugned refusal check slip cannot be sustained and the writ petition is allowed on the following terms:

i. The impugned refusal check slip dated 14.05.2026 shall stand set aside;

ii. The petitioner shall represent the document within a period of three weeks from the date of receipt of a web copy of this order, upon which the same shall be registered, if there is no other impediment.

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iii. No costs.

17.06.2026 NCC : Yes/No sji TO 1.The District Registrar, Thoothukudi District, Thoothukudi.

2.The Sub Registrar, Sub Registrar Office, Kovilpatti, Thoothukudi District.

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D.BHARATHA CHAKRAVARTHY, J.

sji

ORDER

IN WP(MD) No.16515 of 2026 Date : 17/06/2026 5/5