WP No. 25928 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 25928 of 2026 K.Kannan ..Petitioner(s) Vs The Sub Registrar, Joint 1 Tindivanam. ..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 and order of the respondent dated 27.11.2024 in Refusal No.RFL/1No.Joint Sub Registrar -Tindivanam/15/2024 and quash the same as illegal and further directing the respondent to register the Settlement Deed dated 27.11.2024 executed by petitioner without insisting on original parent document if it is otherwise in order. For Petitioner(s): Mr.J.Antony Jesus For Respondent(s): Mr.Dominic S.David, Government’s Counsel ORDER Challenge has been made against the refusal check slip dated 27.11.2024 passed by the respondent. 2. Learned counsel for the petitioner would submit that the property in dispute was originally purchased by petitioner’s father vide registered sale deed https://www.mhc.tn.gov.in/judis WP No. 25928 of 2026 __________ Page2 of 4 dated 16.08.1969. After his demise, the petitioner became the sole legal heir, who executed a settlement deed in respect of subject property, in favour of his two minor sons, represented by their mother and natural guardian, Sathya and presented the settlement deed for registration before the respondent. 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 settlement 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 27.11.2024 can no longer be sustained. 5. Accordingly, the writ petition is disposed of on the following terms: (i) The impugned refusal check slip dated 27.11.2024 is set aside. (ii) The petitioner shall re-present the settlement deed dated 27.11.2024 before the respondent for registration. Upon such re-presentation, https://www.mhc.tn.gov.in/judis WP No. 25928 of 2026 __________ Page3 of 4 the respondent is directed to register the same forthwith, if it is otherwise in order. (iii) No costs. 08-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VM To: The Sub Registrar, Joint 1, Tindivanam. https://www.mhc.tn.gov.in/judis WP No. 25928 of 2026 __________ Page4 of 4 KRISHNAN RAMASAMY, J. VM WP No. 25928 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis