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WP No. 9115 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 9115 of 2026 M.Palanivelu ..Petitioner(s) Vs The Sub-registrar, Padappai Sub-Registrar Office, Kanchipuram District. ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the Refusal Number RFL/Padappai/24/2026 dated 28.02.2026 and quash the same and consequently direct the respondent to register the petitioner’s sale deed dated 28.02.2026 forthwith and release the same. For Petitioner(s): Mr.L.G.Sahadevan for Mr.A.Ilaya Perumal For Respondent(s): Mr.Dominic S.David, Government’s Counsel ORDER Challenge has been made against the refusal check slip dated 28.02.2026 passed by the respondent. 2. Learned counsel for the petitioner would submit that the subject matter property and another extent of land measuring 2400 sq.ft., in S.No.123/1B1 https://www.mhc.tn.gov.in/judis
WP No. 9115 of 2026 __________ Page2 of 4 originally belonged to one Noorunnisha, who executed a sale deed in favour of V.Karuppusamy and N.Ramasamy in respect of vacant land measuring 2400 sq.ft., in S.No.123/1B2. Thereafter, the said V.Karuppusamy died leaving behind the petitioner’s vendor as legal heirs. The petitioner intended to purchase undivided share of land measuring 1200 sq.ft., in S.No.123/1B2, new S.No.123/9B and also paid appropriate sale consideration to his vendors. The petitioner’s vendor has also executed sale deed dated 28.02.2026, which was presented before the respondent for registration. However, the same was refused to be registered by invoking the powers under Section 34C of the Registration Act, 1908, on the ground that, unless an original parent documents are produced, the sale deed cannot be registered. Challenging the same, the petitioner has come forward with the present writ petition. 3. The issue in this writ petition is no longer res-integra and the same has already been considered by a Division Bench of this Court in M/s.Dugars, represented by its Partners Vs., State of Tamil Nadu and Others [W.P.(MD) No.7415 of 2026 etc., batch, dated 23.06.2026], wherein Section 34C of the Registration Act, 1908 has been declared unconstitutional. 4. In view of the above, the reasons assigned in the impugned refusal check slip dated 28.02.2026 can no longer be sustained. https://www.mhc.tn.gov.in/judis
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Accordingly, the writ petition is disposed of on the following terms: (i) The impugned refusal check slip dated 28.02.2026 is set aside. (ii) The petitioner shall re-present the sale deed dated 28.02.2026 before the respondent for registration. Upon such re-presentation, the respondent is directed to register the same forthwith, if it is otherwise in order. (iii) No costs. Consequently, connected miscellaneous petition is dismissed. 09-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VM To: The Sub-registrar, Padappai Sub-Registrar Office, Kanchipuram District. https://www.mhc.tn.gov.in/judis
WP No. 9115 of 2026 __________ Page4 of 4 KRISHNAN RAMASAMY, J. VM WP No. 9115 of 2026 09-07-2026 https://www.mhc.tn.gov.in/judis