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2026 DAILYLAW 80894 (MAD)

GOPPAMMA v. THE SUB- REGISTRAR

WP/50025/2025 · 2026-01-09

Senthilkumar Ramamoorthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:MHC:129 W.P.No.50025 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2026 CORAM THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.50025 of 2025 Goppamma .. Petitioner vs The Sub Registrar, Office of the Sub Registrar, Denkanikottai, Denkanikottai Taluk, Krishnagiri District. .. Respondent Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records relating to the impugned proceeding vide refusal check slip having reference No.RFL/Denkanikottai/53/2025 dated 07.11.2025 on the file of the respondent, quash the same and consequently direct the respondent to register the release deed dated 05.11.2025 presented by the writ petitioner for registration and release the document within a time period to be stipulated by this Court. For Petitioner : Ms.U.Ramya for Mr.R.Bharath Kumar For Respondent : Mr.U.Baranidharan, Special Government Pleader 1/4 https://www.mhc.tn.gov.in/judis W.P.No.50025 of 2025 ORDER The petitioner presented release deed dated 05.11.2025 for registration. The said request was rejected under refusal check slip dated 07.11.2025, which is impugned herein. 2. By referring to the impugned refusal check slip, learned counsel submits that earlier conveyances executed in favour of Mr.Krishnamurthy and Mr.Mallesh were cited as a reason for refusal. Learned counsel submits that the sale deed in favour of Krishnamurthy dated 18.06.2015 bearing Document No.3378 of 2015 was unlawful inasmuch as the vendor did not have title. She also submits that the registering officer does not have the power to adjudicate the title and decline registration of the release deed. 3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for the sole respondent. He submits that the Sub Registrar would re-consider the matter after issuing notice to the owners as per the previous conveyances and to the petitioner herein. Upon re-consideration, he submits that a speaking order under Section 71 of the Registration Act, 1908 would be issued. 2/4 https://www.mhc.tn.gov.in/judis W.P.No.50025 of 2025 4. Considering the above submissions, this writ petition is disposed of on the following terms: The Sub Registrar is directed to issue notice to the petitioner and to the persons mentioned under the earlier conveyances, provide a reasonable opportunity to them and pass a speaking order with regard to the petitioner’s request for registration of the release deed. This process shall be concluded within one month from the date of re-presentation of the release deed. There shall be no order as to costs. 09.01.2026 Index:Yes/No Neutral Citation:Yes/No mmi To The Sub Registrar, Office of the Sub Registrar, Denkanikottai, Denkanikottai Taluk, Krishnagiri District. 3/4 https://www.mhc.tn.gov.in/judis W.P.No.50025 of 2025 SENTHILKUMAR RAMAMOORTHY,J. mmi W.P.No.50025 of 2025 09.01.2026 4/4 https://www.mhc.tn.gov.in/judis