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Madras High CourtWP(MD)/36553/2025disposed of

Sarguna Santhi v. The Sub Registrar

2026-01-05Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.36553 of 2025 Sarguna Santhi ... Petitioner Vs The Sub Registrar, Sanarpatti Sub-Registrar Office, Sanarpatti, Dindigul District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal slip issued by the respondent in Refusal No.RFL/Sanarpatti/127/2025 dated 12.12.2025 pertaining to properties bearing S.F.Nos.99/2C, 99/2D, 99/2B, 96/1, 94/2, 93/7, 93/6, 93/5, 93/4, 93/3 and 93/2 having extent of 3 Acres 70 cents situate at Marunuthu Village, Dindigul East Taluk, Dindigul District and quash the same and consequently direct the respondent to entertain the sale deed dated 27.10.2025 and registered the same within the time stipulated by this Court.

For Petitioner : Ms.A.Aruljenifer For Respondent : Mr.M.Lingadurai, Spl. Govt. Pleader 1/6

O R D E R

This Writ Petition is filed challenging the impugned refusal slip issued by the respondent in Refusal No.RFL/Sanarpatti/127/2025 dated 12.12.2025 pertaining to properties bearing S.F.Nos.99/2C, 99/2D, 99/2B, 96/1, 94/2, 93/7, 93/6, 93/5, 93/4, 93/3 and 93/2 having extent of 3 Acres 70 cents situate at Marunuthu Village, Dindigul East Taluk, Dindigul District and seeking for a consequential direction to the respondent to entertain the sale deed dated 27.10.2025 and registered the same within the time stipulated by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that one Rahana has sold the subject properties for and on behalf of her minors to the petitioner's vendor through a sale deed dated 05.11.2024 . Subsequently, the petitioner's vendor intended to execute a sale deed in favour of the petitioner on 27.10.2025. When the sale deed was presented for registration on 12.12.2025, the same was refused to be 2/6

registered citing the reason that minor properties are sold without prior permission. Challenging the same, the petitioner has filed this Writ Petition.

4. The learned Special Government Pleader appearing for the respondent would submit that in the subject property, minors shares are there and the minors interest are supposed to be protected. Hence, the respondent refused to register the sale deed presented by the petitioner. Therefore, he prays for dismissal of the Writ Petition.

5. I have considered the rival submissions made by both sides and also perused the materials available on record.

6. Admittedly, in the subject property, minors shares are there and the same was sold by their mother to the petitioner's vendor through a sale deed dated 05.11.2024. If at all there is any objection, the respondent supposed to refuse to register the same at that point of time. However, the said sale deed was registered, since the respondent was satisfied from all the aspects. Having satisfied all the aspects and registered the said sale deed, now the subsequent sale deed presented by the petitioner was refused to be registered citing the reason that minor 3/6

properties are sold without prior permission. Such being the case, this Court is of the view that the impugned order is passed without nonapplication of mind. If at all there is any minor interest, it is up to the parties concerned and they would deal with the same in accordance with law. Therefore, the impugned order is liable to be set aside.

7. Accordingly, the impugned order dated 12.12.2025 passed by the first respondent is set aside and the Writ Petition is allowed. The respondent is directed to register the sale deed dated 27.10.2025 presented by the petitioner on 12.12.2025. There shall be no order as to costs.

05.01.2026 Index : Yes/No Internet: Yes/No vsm 4/6

To The Sub Registrar, Sanarpatti Sub-Registrar Office, Sanarpatti, Dindigul District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.36553 of 2025 05.01.2026 6/6