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2026 DAILYLAW 61098 (MAD)

GOPAL v. The Sub Registrar

WP/30958/2026 · 2026-08-06

Krishnan Ramasamy

Transfer Petitionbody2026

Judgment text

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WP No. 30958 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 30958 of 2026 Gopal S/o.Senniyapan 134, Pucchanaikkanpalayam, Gobichettipalayam, Erode-638 110 ..Petitioner(s) Vs The Sub Registrar Kunnathur Sub Registrar office, Kunnathur, Tiruppur District. ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified mandamus to call for the records and quash the Refusal Check slip No.RFL/ KUNNATHUR/ 6/ 2026 dated 19.02.2026 and direct the respondent to register the partition deed presented by the petitioner within a time frame as may be fixed by this Court. For Petitioner(s): Mr.I.M.Siddartha Ramarajan For Respondent(s): Mr.Dominic S.David, Special Government Pleader Order Challenge has been made against the refusal check slip dated 19.02.2026 passed by the respondent. https://www.mhc.tn.gov.in/judis WP No. 30958 of 2026 __________ Page2 of 4 2. The learned counsel appearing for the petitioner submitted that the proposed partition is between the petitioner, his brother, and his sister regarding the property that originally belonged to their father, who had acquired the subject property through a registered Sale Deed in the year 1977 and 1979. The abovesaid Partition Deed was presented for registration before the respondent. However, the respondent refused to register the Partition Deed on the ground that the previous original registered parent documents were not produced. Challenging the said Refusal Check Slip, the petitioner has approached this Court 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 19.02.2026 can no longer be sustained. 5. Accordingly, the writ petition is disposed of on the following terms: (i) The impugned refusal check slip dated 19.02.2026 is set aside. (ii) The petitioner shall re-present the Partition Deed dated 19.02.2026 before https://www.mhc.tn.gov.in/judis WP No. 30958 of 2026 __________ Page3 of 4 the respondent for registration. Upon such re-presentation, the respondent is directed to register the same, within a period of one week from the date of re- presentation of the said document. No costs. 06-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To The Sub Registrar Kunnathur Sub Registrar office, Kunnathur, Tiruppur District. https://www.mhc.tn.gov.in/judis WP No. 30958 of 2026 __________ Page4 of 4 KRISHNAN RAMASAMY J. SK WP No. 30958 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis