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2026 DAILYLAW 67569 (MAD)

MANICKAMMAL v. The District Registrar

WP/4762/2026 · 2026-02-19

Senthilkumar Ramamoorthy

Transfer Petitionbody2026

Judgment text

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WP No. 4762 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-02-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY WP No. 4762 of 2026 and W.M.P.No.5298 of 2026 Manickammal W/o.Rajagopal 10/4/2, Selliyandiamman kovil Opp, Thangapuri Nagar, S.Kannanur, Samayapuram, Trichy District. ..Petitioner(s) Vs 1. The District Registrar, District Registrar Office, Perambalur District. 2. The Sub - Registrar, Chettikulam Sub - Registrar Office, Perambalur District. ..Respondent(s) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to Call for the entire records pertaining to the impugned order passed by the 2nd Respondent vide his proceedings in RFL / Citikulam /117/2025 dated 29/10/2025 and quash the same as illegal and further direct the 2nd respondent to register the documents presented by me for registration in TP /237682730 /2025. https://www.mhc.tn.gov.in/judis WP No. 4762 of 2026 __________ Page2 of 4 For Petitioner(s): Mr.R.L.Dhilipan Pandian For Respondent(s): Mr.S.Jayachandran, Government Advocate ORDER Asserting title by inheritance, the petitioner executed settlement deed dated 29.10.2025 in favour of his son and presented the same for registration. The request for registration was rejected under the impugned refusal check slip by citing the pending O.S.Nos.64 of 2024 and 349 of 2024. 2. Learned counsel for the petitioner submits that the mere pendency of a civil suit is not a bar against registration and that the impugned order is liable to be set aside. 3. Mr.S.Jayachandran, learned Government Advocate, accepts notice for both the respondents. He points out that Protest Petition No.30 of 2024 dated 25.04.2024 was received by the registering officer. 4. As contended by learned counsel for the petitioner, mere pendency of O.S.Nos.64 of 2024 and 349 of 2024 is not a bar against registration. Because the impugned order also disclosed that the protest petition was received, it is necessary for the registering officer to consider and dispose of the protest petition in accordance with the registration rules. https://www.mhc.tn.gov.in/judis WP No. 4762 of 2026 __________ Page3 of 4 5. Therefore, the impugned refusal check slip cannot be sustained and is hereby set aside. As a corollary, the petitioner is permitted to re-present the settlement deed before the registering officer within two weeks from the date of receipt of a copy of this order. Within 30 days therefrom, the registering officer is directed to issue notice to the petitioner and the protester and thereafter either register the document or issue a speaking order of refusal under Section 71 of the Registration Act, 1908. 6. This writ petition is disposed of on the above terms. No costs. Consequently, the connected writ miscellaneous petition is closed. 19-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To 1. The District Registrar, District Registrar Office, Perambalur District. 2. The Sub - Registrar, Chettikulam Sub - Registrar Office, Perambalur District. https://www.mhc.tn.gov.in/judis WP No. 4762 of 2026 __________ Page4 of 4 SENTHILKUMAR RAMAMOORTHY, J. RNA WP No. 4762 of 2026 and W.M.P.No.5298 of 2026 19-02-2026 https://www.mhc.tn.gov.in/judis