IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SENTHILKUMAR RAMAMOORTHY
S.PRABU – Appellant
Versus
THE SUB REGISTRAR – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY S.Prabu S/o. Srinivasan, No.100 Colony Road, Reddipalayam, Hamlet of Kavanipakkam, Villupuram Taluk and District ..Petitioner(s)
Vs The Sub Registrar Anniyur ..Respondent(s)
PRAYER: Writ petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent in respect of proceedings in RFL/ Anniyur /47/ 2025 dated 17.12.2025 and quash the same and thereby direct the respondent to register the sale deed dated 8.12.2025 executed in favour of petitioner.
For Petitioner(s): Mr.N.Suresh For Respondent(s): Mr.P.Harish, Government Advocate *********
ORDER
Two sale deeds were presented by the petitioner for registration. As regards the sale deed relating to 76 cents from and out of 1.42 acres in Survey No.502/2 at Anniyur Village, Vikravandi Taluk, the sale deed was registered under Document No.3009 of 2025. Because the request for registration of the second sale deed dated 08.12.2025 for an extent of 66 cents was refused, the present writ petition has been filed.
2. Learned counsel for the petitioner assails the impugned refusal check slip on two grounds. The first ground is that the registering officer does not have the power to adjudicate on title. The second ground is that reference is made in the refusal check slip to settlement deed bearing Document No.575 of 2013 in favour of Lakshminarayanan. Referring to the parent document in favour of Narayana Naicker bearing Document No.2458 of 1969, learned counsel submits that the property purchased under the document covers 66 cents in Survey No.502/1 and not 66 cents in Survey No.502/2.
3. Mr.P.Harish, learned Government Advocate, accepts notice for the sole respondent. He submits that the request for registration was refused because there is a prior conveyance in favour of Lakshminarayanan of the extent of 66 cents in Survey No.502/2 under settlement deed dated 10.04.2013.
4. Even after the amendment of the Registration Act, 1908, the registering officer does not have the power to adjudicate on title. The limited power to refuse registration if the executant is unable to provide the parent document and establish the right to execute the document presented for registration is available under Section 34C of the Registration Act. In the case at hand, the petitioner has submitted Document No.2458 of 1969 in favour of Narayana Naicker which prima facie pertains to Survey No.502/1 of the extent of 66 cents and not 502/2 of the extent of 66 cents. Therefore, re-consideration is warranted. In order to facilitate the same, the impugned refusal check slip is set aside and the petitioner is permitted to re-present sale deed dated 08.12.2025 pertaining to 66 cents in Survey No.502/2. Within two weeks from the date of re-presentation, subject to fulfilment of other requirements relating to registration, the registering officer shall register the document or issue a speaking order of refusal under Section 71 of the Registration Act.
5. This writ petition is disposed of on the above terms. No costs.
12-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA SENTHILKUMAR RAMAMOORTHY, J.
RNA To The Sub Registrar, Anniyur.
12-02-2026
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