Allowed¶25

Ajmalkhan v. The Sub Registrar

Madras HC17 Jun 2025WP(MD)/16221/2025

Case brief

AI extract

What is this about?

Registration law - refusal check slip - Sub-Registrar demand for no-stay certificate from Subordinate Court - e-court diary held sufficient evidence of absence of stay - negative certificate cannot be demanded when there is no stay - power deed registration directed within 4 weeks - Article 226 writ of certiorarified mandamus - Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District - O.S.No.166 of 2023 - W.P(MD)No.16221 of 2025 - allowed, no costs.

What did the court decide?

Refusal check slip dated 06.06.2025 quashed/set aside; respondent directed to register the power deed dated 06.06.2025 within four weeks from receipt of a copy of the order; writ petition allowed with no costs. ¶25

Ajmalkhan Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.16221 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.06.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.16221 of 2025

Ajmalkhan

... Petitioner

vs.

The Sub-Registrar, Office of the Sub-Registrar, Keelakkarai, Ramanathapuram District. ... Respondent

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned refusal check slip made in Refusal Number RFL/Keelakkarai/53/2025 dated 06.06.2025 issued by the respondent and to quash the same as illegal and consequently direct the respondent herein to register the power deed dated 06.06.2025 presented by the petitioner and his wife relating to the properties comprised in S.Nos.124/2B2, 99/1C2, 94/1B, 168/1C2, 98/1A, 99/1C of Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District.

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For Petitioner : Mr.M.Maran For Respondent : Mr.S.Saji Bino Special Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.16221 of 2025

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to quash the refusal check slip dated 06.06.2025 and consequently direct the respondent herein to register the power deed dated 06.06.2025.

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2. The respondent refused to register the power deed stating that the petitioner ought to produce a certificate issued by the Subordinate Judge, Ramanthapuram, in O.S.No.166 of 2023, stating that there is no stay against registering the document.

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3. The contention of the petitioner is that there is no stay in the said suit, which is evident from the e-court diary. However, the respondent insisted that the e-court diary is not sufficient and that a certificate from the Subordinate Court is necessary.

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4. This Court is of the considered opinion, when there is no stay, a negative certificate cannot be demanded. Since the e-court diary clearly indicates that there is no stay, the respondent ought to accept the same and proceed with the registration of the document. Therefore, the refusal check slip dated 06.06.2025 is set aside. The respondent is directed to register the power deed dated

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.16221 of 2025

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06.06.2025 within a period of four (4) weeks from the date of receipt of a copy of this order.

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5. With the above said direction, this Writ Petition is allowed. No costs.

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17.06.2025