IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
Kamatchi – Appellant
Versus
The District Registrar – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20/02/2026 CORAM The Hon`ble Mr.Justice KRISHNAN RAMASAMY Kamatchi ... Petitioner Vs
1. The District Registrar, Virudhunagar District, Virudhunagar..
2. The Sub Registrar, Kariapatti Sub Registrar Office, Virudhunagar District.. ... Respondents PRAYER :- 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 pertaining to the Refusal check slip by its Refusal No RFL/Kariapatti/3/2026 issued by the 2nd respondent dated 09.02.2026 and quash the same as unlawful and unsustainable consequently directing the 2nd respondent to register the sale deed dated
09.02.2026 as and when the same is presented by the petitioner.
For Petitioner : Mr.S.Kishore Kumar For Respondent : Mr.A.Kannan Addl. Government Pleader
ORDER
This writ petition has been filed challenging the refusal check slip dated 09.02.2026 issued by the 2nd respondent and to direct the 2nd respondent to register the sale deed dated 09.02.2026 presented by the petitioner for registration.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondents. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
3. The learned counsel for the petitioner would submit that when the petitioner presented the sale deed for registration, the same was refused to be registered by the 2nd respondent on the ground that since the property belongs to the minors, if the natural guardian is intended to sell the same, necessary orders to be obtained from the concerned Court and upon such production of the order, registration would be made. The learned counsel would submit that the petitioner was appointed as guardian by the grandfather of the children. For the purpose of medical expenses of her one of the son, the petitioner intended to sell the property and prays for appropriate direction.
4. Per contra, the learned Additional Government Pleader would submit that since it is minors' property, necessary orders to be obtained from the Court concerned and thereafter the document to be presented and on the sole ground alone, the document was refused by the respondents, which do not want any interference from this Court.
5. I have considered the rival submissions and perused the materials available on record.
6. It appears that in the present case, no doubt, it is the property of the minors, which was settled by their grandfather, appointing the petitioner/mother as natural guardian. When that be so, for medical expenses for her one of the son, the petitioner intended to sell the property. When such being the position, the property is required to be sold. Since the petitioner being the mother and natural guardian is entitled to sell the property, there is no impediment for the 2nd respondent to register the same. The minors' interest is sufficiently protected. If the minors attain majority thereafter, within a period of three years, they can very well challenge the sale deed. In such case, it is not proper for the 2nd respondent to refuse to register the sale deed and hence, the impugned order is set aside. While setting aside the impugned order, the petitioner is directed to represent the sale deed dated 09.02.2026 and upon such representation, the 2nd respondent shall register the same forthwith, if the same is otherwise in order.
7. The writ petition is disposed of with the above direction. No costs.
20.02.2026 NCC : Yes/No Index : Yes/No RR TO
1. The District Registrar, Virudhunagar District, Virudhunagar..
2. The Sub Registrar, Kariapatti Sub Registrar Office, Virudhunagar District..
KRISHNAN RAMASAMY, J RR
ORDER
IN WP(MD) No.4816 of 2026 Date : 20/02/2026
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