M.Sankaran v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY M.Sankaran ... Petitioner - Vs. - The Sub Registrar, Sankarankovil, Tenkasi District.

... Respondent Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court 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 of the impugned Refusal Check Slip in Refusal Number RFL/Sankarankovil/61/2026 dated 15.06.2026 issued by the respondent and quash the same as illegal and consequently direct the respondent to register the document submitted by the petitioner with regard to property bearing door number 470/10, comprised in Town survey number 2/5 situated at ward A Sankarankovil Block-1, Sankarankovil Town, Tenkasi District.

For Petitioner :Mr.R.J.Karthick For Respondent :Mr.S.Vashik Ali Government Standing Counsel

ORDER

The writ petition has been filed challenging the impugned refusal check slip dated 15.06.2026.

2. When the petitioner presented a family arrangement deed for registration in favour of his son, the same was refused on the ground that the petitioner claims title only through a joint patta submitted by him, and there is no separate patta with reference to the extent conveyed in his favour.

3. The learned counsel appearing on behalf of the petitioner, by taking this Court through the proceedings of the Settlement Tahsildar dated 18.05.2023, would submit that, from the findings of the Settlement Tahsildar, it can be seen that originally the land belonged to one Shek Mohideen Basha and, from him, the predecessor-in-title, one Madan, Subban, Sudalaimadan, purchased the property vide Document No. 1850/1914. Thereafter, the property has been inherited through successive generations and, at present, with reference to the share belonging to Mookan, the same is being enjoyed jointly by the petitioner and his brothers. Therefore, the patta stands in their joint names; however, each of them is enjoying their respective extent of the property. The property is also a developed one, wherein the petitioner has constructed his residential

house. There is no objection whatsoever from the other persons mentioned in the joint patta.

4. The learned Government Standing Counsel would submit that the document relied upon by the petitioner is merely a patta. When the patta is a joint patta and there is no other document evidencing the petitioner's title in respect of the specific extent of the property, the document has been rightly rejected through the impugned refusal slip.

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

6.On a perusal of the order of the Settlement Tahsildar dated 18.05.2023, it is seen that the names of the petitioner and his brothers have been specifically directed to be entered in the Town Survey Register. In particular, the petitioner's name is duly reflected in the said order. The settlement order traces the title in detail, and the petitioner and his predecessors-in-title have established their claim by tracing title through a document of the year 1914.

7. It is also noted that, in the settlement deed, the petitioner has stated that he is in possession of the property under a joint patta. The refusal check slip appears to have been issued on that basis. Since the joint patta has been granted pursuant to the order of the Settlement Tahsildar, and considering the fact that the property in question also comprises a residential house, I am of the view that the property can be registered on the basis of the joint patta itself.

8. In view thereof, this writ petition is allowed on the following terms: (i) The impugned refusal check slip dated 15.06.2026 shall stand set aside.

(ii) The petitioner is permitted to present the document along with the joint patta and notarized affidavits of the other members of the petitioner's family alone, whose names are reflected in the joint patta, confirming that they have no objection for the petitioner to effect the transfer. Upon such affidavits being filed, and without insisting on a separate patta, the document shall be registered, if there is no other legal impediment. No costs.

24.06.2026 NCC:Yes/No am

To The Sub Registrar, Sankarankovil, Tenkasi District.

D.BHARATHA CHAKRAVARTHY, J.

am 24.06.2026