V.Sankaran v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Sankaran ... Petitioner Vs.

The Sub Registrar, Tiruchendur Sub Registrar Office, Tiruchendur, Thoothukudi District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned refusal check slip in Refusal No.RFL/Tiruchendur/54/2025 dated 24.10.2025 passed by the respondent and quash the same and consequently direct the respondent to register the settlement deed presented by the petitioner dated 17.10.2025. For Petitioner : Mr.S.Vishnuvardhan For Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader 1/4

ORDER

Heard both sides.

2.Settlement deed dated 17.10.2025 was executed by the writ petitioner in favour of his brother. The document was presented for registration. The registering authority declined to register the document on the ground that a mortgage pertaining to the property is still in subsistence.

3.The issue raised in this writ petition is no longer res integra. The Hon'ble Division Bench in the decision reported in 2020 (6) CTC 697 (N.Ramayee Vs. The Sub Registrar, Registration Department, Salem) had held that subsistence of a mortgage cannot prevent the owner from alienating the property. It was further observed that if any property is sold during the subsistence of a mortgage, the transferee stepped into the shoes of the mortgagor and he has the right to redeem the property by paying the mortgage money. The stand of the registering authority is not in consonance with the ratio laid down by the Hon'ble Division Bench of Madras High Court in the aforesaid decision.

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4.In this view of the matter, the impugned refusal check slip is quashed. The parties are at liberty to re-present the document. It shall be registered and released subject to the fulfilment of the other usual formalities.

5.This Writ Petition is allowed accordingly. No costs. 28.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Sub Registrar, Tiruchendur Sub Registrar Office, Tiruchendur, Thoothukudi District.

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G.R.SWAMINATHAN, J.

MGA 28.10.2025 4/4