BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 27.01.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY S.V.Balusamy Iyyar and Brothers Trust, Represented by its Managing Trustee, S.K.Ganesan 5... Petitioner Vs

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

2.The District Registrar, Dindigul District, Dindigul.

3.The Sub Registrar (Joint-II), Dindigul, Dindigul District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Refusal Check slip bearing Ref No.RFl/ Joint Sub Registrar No.2/145/2025, dated 29.12.2025, issued by the third respondent quash the same as illegal and arbitrary, and consequently direct the third respondent to register the sale deed presented by the petitioner Trust pursuant to the binding Civil Court decrees passed in O.S.No.195 of 2024 and O.S.no.435 of 2025.

For Petitioner : Mr.N.Ananthapadmanaban, Senior Counsel for Mr.A.Sathasivam For Respondents : Mr.A.Kannan, Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the Refusal Check Slip bearing Ref.No.RFL/Joint Sub Registrar No.2/145/2025, dated 29.12.2025, issued by the third respondent, and consequently seeking a direction to the third respondent to register the sale deed presented by the petitioner Trust pursuant to the binding decrees passed by the competent Civil Court in O.S.No.195 of 2024 and O.S.No.435 of 2025.

2. The learned counsel appearing for the petitioner would submit that the petitioner Trust intended to sell certain Trust properties, as the said properties had become unsuitable for agricultural use and were subjected to continuous encroachments, rendering them unproductive and difficult to manage. The original Trust Deeds contained restrictive clauses prohibiting alienation of the Trust properties. Therefore, the Trustees approached the Principal District Court, Dindigul, by filing O.S.No.195 of 2024 seeking permission to amend the restrictive clauses contained in the Trust Deeds. By judgment and decree dated 23.04.2025, the learned Principal District Judge was pleased to permit amendment of the Trust Deeds. Pursuant to the said judgment, the amended Trust Deed was duly registered as Document No.4052 of 2025 dated 14.05.2025, thereby enabling the Trustees to alienate the unproductive Trust properties after obtaining necessary permission from the Civil Court under Section 92 of the Code of Civil Procedure. Thereafter, the Trustees filed O.S.No.435 of 2025 before the learned Principal District Judge, Dindigul, under Section 92 CPC seeking judicial sanction for sale of the Trust properties. By judgment and decree dated 05.12.2025, the learned Principal District Judge granted permission to sell the Trust properties at the prevailing market value in the best interest of the Trust. The said decree was also duly registered as Document No.10610 of 2025 dated 18.12.2025. The Trustees thereafter unanimously passed a resolution dated 22.12.2025 to sell the properties in accordance with the permission granted by the Civil Court. Accordingly, a sale deed was executed in respect of an extent of 22 cents comprised in T.S.Nos.708/1A and 708/2 for a total sale consideration of Rs.95,04,000/-, and the entire sale consideration was received by the Trust. When the sale deed was presented for registration on 29.12.2025, the third respondent, despite production of the Civil Court orders, refused to register the document by issuing the impugned Refusal Check Slip, citing the original non- alienation clause contained in the parent Trust Deeds. Hence, the present Writ Petition.

5. The learned Additional Government Pleader appearing for the respondents would submit that since the Civil Court has already granted permission to sell the trust properties, the respondents have no objection to the registration of the sale deed and appropriate orders may be passed