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2026 Supreme(Online)(Mad) 20488

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
S.Kumaravel – Appellant
Versus
The Sub-Registrar, Devaram Sub Registrar Office, Devaram, Theni District – Respondent
W.P(MD)No.6402 of 2026



Advocates:
For the Appellants/Petitioners: Mr.A.Karthik
For the Respondents: Mr.A.Baskaran Addl.Govt.Pleader

The mere pendency of a civil suit does not bar the registration of documents if no express prohibition exists.

Headnote:This judgment addresses the legal duties of the Sub-Registrar under Article 226 of the Constitution of India regarding the registration of documents despite ongoing civil suits. The petitioner challenges the refusal to register a sale deed, contending that mere pendency of a suit does not constitute a statutory bar to registration. The Court finds that unless an express prohibition exists, the Sub-Registrar must proceed with registration. The impugned refusal slip is set aside, and the Sub-Registrar is directed to reconsider the registration request within six weeks.

Table of Content
1. challenge to refusal of registration based on civil suit. (Para 1 , 2)
2. court orders reconsideration of registration request. (Para 3)

O R D E R

The Writ Petition is filed challenging the impugned refusal slip, dated 2.3.2026.

2.The ground on which the document refused to be registered is that a civil suit is pending, in which, the Sub Registrar Office is a party.

3.The learned counsel for the Petitioner submits that mere pendency of the suit is not a bar for registration. It is the statutory duty of the respondent to register the documents unless there is an express prohibition. Since the plaint is not iled and one plaintiff is not added in the suit,as the respondent herein, instead of considering this Writ Petition on merits, this Writ Petition is orderedon the following terms:

(i)the impugned refusal slip, dated 2.3.2026 is set aside;

(ii)the Sub Registrar, Sub-Registrar’s office, Devaram,Theni District shall issue notice to the Petitioner as well as to the parties to the suit and it is open for the Petitioner to raise all the contentions raised herein before the respondent and orders afresh shall be passed in accordance with law;

(iii)the aforesaid exercise shall be completed within a period of six weeks from the date receipt of a web copy of this order;

(iv)no costs. NCS : No Index : No Internet : Yes vsn To The Sub-Registrar, Devaram Sub Registrar Office, Devaram, Theni District.

D.BHARATHA CHAKRAVARTHY.,J.

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