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W.P(MD)No.8336 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2026 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.8336 of 2026 Ramamoorthy S ... Petitioner(s) – Vs. - 1.The District Registrar, Thoothukudi Registrar Office, Thoothukudi District. 2.The Sub Registrar, Udankudi Sub Registrar Office, Thoothukudi District. ... Respondent(s) Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court 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 impugned proceeding of the 2nd respondent, dated 17.03.2026, made in RFL/Udankudi/15/2026 and to quash the same and consequently direct the 2nd Respondent to register the sale deed dated 17.03.2026 presented by the petitioner and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. 1/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.8336 of 2026
For Petitioner : M/s.Lakshmi Gopinathan for Mrs.K.Porkodi For Respondents : M/s.P.Sudarkodi Nachiyar, Government Standing Counsel
ORDER The Petitioner is before this Court against the impugned Refusal Check Slip dated 17.03.2026 issued by the second respondent bearing in RFL/Udankudi/15/2026. 2.By the impugned refusal slip, the respondent has declined to register the sale deed dated 07.03.2026 on the ground that petitioner has not produced the original parent document.
3. The reasons stated in the impugned Refusal Check Slip are extracted hereunder:
“,ju fhuzq;fs; gjpt[r;rl;lk; 34 rp d;go Kd; mry; Mtzk; rkh;g;gpf;f ntz;Lk;. cld;Fo rhh;gjpthsh;/85/201, 92/2012, 97/2012 Mfpa mry; Mtzq;fs; tpy;yq;frhd;W rkh;gpj;jhy; Mtzg;gjpt[ bjhlh;ghd chpa eltof;if nkw;bfhs;sg;gLk;.” 2/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.8336 of 2026
3. Both the learned counsel for the petitioner and the learned counsel for the Government of Tamil Nadu appearing for the respondents confirm that the issue is no longer res integra and is covered by the decision of the Hon'ble Division Bench of this Court in M/s. Dugars v. The State of Tamil Nadu, represented by its Secretary to Government, Registration Department and Others, rendered on 23.06.2026 in W.P.(MD) No.7415 of 2026 etc. batch, wherein the Hon'ble Division Bench of this Court has declared Section 34-C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2026, as ultra vires and struck down the same.
4. In the above judgment of the Hon'ble Division Bench of this Court, Section 34-C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2026, has been struck down. Therefore, the reason for rejecting the document presented for registration on the ground of non-production of the original documents under Section 34-C of the Registration Act cannot be countenanced. Therefore, the impugned Refusal Check Slip dated 17.03.2026 is quashed. I therefore direct the second respondent to register the Release Deed presented by the petitioner, subject to the petitioner complying with the other requirements of the Act and the Rules 3/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.8336 of 2026 made thereunder.
5. Accordingly, this Writ Petition stands disposed of. There shall be no
order as to costs.
02.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No To 1.The District Registrar, Thoothukudi Registrar Office, Thoothukudi District. 2.The Sub Registrar, Udankudi Sub Registrar Office, Thoothukudi District. 4/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.8336 of 2026 C.SARAVANAN, J.
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W.P(MD).No.8336 of 2026
02.07.2026 5/5 https://www.mhc.tn.gov.in/judis