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2026 Supreme(Online)(Mad) 27807

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
Kosalai – Appellant
Versus
The Sub Registrar – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-03-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD).No.5562 of 2026

1. Kosalai 2. Preama

3. B.Thanukrishnan ... Petitioners Vs.

The Sub Registrar, Manavalakurichy Sub Registrar Office, Mandaikadu Post, Kanyakumari 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 relating to the impugned refusal Check Slip of respondent Sub Registrar, refusal slip dated 26.02.2026 Manavalakurichy in S. No.536/1B and quash the same and consequently direct the respondent to register the document presented by the petitioner for registration without insisting for the production of the original parent document within the time fixed by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioners : Mr.K.Sathya Singh For Respondent : Mr.M.Gangatharan Government Advocate ORDER The writ petition has been filed to quash the impugned refusal check slip dated 26.02.2026 and to quash the same and to direct the respondent to register the document without insisting for the production of the original parent document.

2. Heard Mr.K.Sathiya Singh, learned counsel for the petitioners and Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondent.

3. The learned counsel for the petitioners would submit that the petitioners presented the certified copy of the parent document to the respondent/Sub-Registrar for registration, since the original document was missing. However, the same was rejected vide the impugned refusal check slip dated 26.02.2026, bearing refusal Slip No.RFL/Manavalakurichy/53/2026, on the ground that petitioners have failed to produce the original parent document.

4. He would further submit that the petitioners have already made a complaint before the jurisdictional police, with regard to the missing of original document. However, no action has been taken till date. Aggrieved by the same, the petitioner is before this Court.

5. The learned Government Advocate appearing for the respondent would submit that in view of the amendment to the Act by the introduction of Section 34(C), it has been specifically made obligatory on the part of the presenter of the document either to produce the original document or if the original is missing or obtain not traceable certificate from the jurisdictional police authority.

6. Considering the nature of the allegations and the fact that the petitioners document is believed to have gone missing, this Court without expressing any opinion on the merits of the matter, directs the petitioners to lodge a complaint with the jurisdictional police authority regarding the missing document. Upon lodging of the complaint, the police are directed to examine the matter and, after verification, issue a Not Traceable Certificate to the petitioner in accordance with law. Thereafter, the petitioner shall submit all relevant documents along with the Not Traceable Certificate to the respondent for registration. Upon receipt, the respondent is directed to register the same as expeditiously as possible in accordance with law.

7. The writ petition is disposed of in terms of the above observations and directions. No costs. Consequently, connected miscellaneous petition is closed.

12.03.2026 Index: Yes Speaking Order: Yes Neutral Citation: No rgm To The Sub Registrar, Manavalakurichy Sub Registrar Office, Mandaikadu Post, Kanyakumari District.

D.BHARATHA CHAKRAVARTHY, J.

rgm and W.M.P(MD).No.5562 of 2026

12.03.2026

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