Malaiyappasamy S v. The Inspector General Of Registration
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.17218 of 2026 S.Malaiyappasamy ... Petitioner Vs.
1.The Inspector General of Registration, O/o.The Inspector General of Registration, Department of Registration, No.100, Santhome High Road, Fore Shore Estate, Chennai - 600 028.
2.The District Registrar, O/o.the District Registrar, Department of Registration, Combined Registration Building Collectorate Campus, Dindigul.
3.The Sub-Registrar, O/o. the Sub-Registrar, Department of Registration, Oddanchatram, Sub-Registrar Office, Oddanchatram, Dindigul 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 quash the third respondent's impugned order of Refusal Check Slip in Refusal No.RFL/Ottanchatram/16/2026 dated 08.06.2026 and consecutively direct the third respondent to register the Page No. 1 of 5
petitioners un-registered sale deed document dated 08.06.2026 by considering the order passed by the Hon'ble Division Bench of this Court in W.A.No.1160 of 2024 within a time stipulated by this Court. For Petitioner : Mr.S.M.Ramasiva For Respondents : Mr.R.Parthiban Government Standing Counsel
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.
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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.
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.
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To 1.The Inspector General of Registration, O/o.The Inspector General of Registration, Department of Registration, No.100, Santhome High Road, Fore Shore Estate, Chennai - 600 028.
2.The District Registrar, O/o.the District Registrar, Department of Registration, Combined Registration Building Collectorate Campus, Dindigul.
3.The Sub-Registrar, O/o. the Sub-Registrar, Department of Registration, Oddanchatram, Sub-Registrar Office, Oddanchatram, Dindigul District.
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D.BHARATHA CHAKRAVARTHY , J.
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