Vasanthi Vs the Secretary — Writ and Judicial Review | Madras HC (2026)

Vasanthi Vs the Secretary — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Direction to the fourth respondent (Sub-Registrar, Virugambakkam) to register the petitioner's settlement deed on production of the non-traceability certificate of the parent document (sale deed Document No.5623 of 2002), within one week of such production; no costs.

Issue for consideration

Whether the fourth respondent (Sub-Registrar, Virugambakkam) can be directed to register the petitioner's settlement deed when she produces only the certified copy of the parent sale deed (Document No.5623/2002), given the newly introduced Section 34-C of the Registration Act, 1908 requiring production of the original parent document or a non-traceability certificate.

Court's answer

Under Section 34-C of the Registration Act, 1908, newly introduced in January 2026, the executant of a document must either produce the original parent document or produce a non-traceability certificate; producing merely the certified copy of the sale deed does not suffice for registration.

Ratio / Principle

A direction is issued to the fourth respondent to register the petitioner's settlement deed upon her production of the non-traceability certificate of the parent document (sale deed bearing document No.5623 of 2002), within one week from the date of such production, if the deed is otherwise in order; the petitioner confirmed on instructions her willingness to obtain and produce the non-traceability certificate.

Detailed headnote1 paragraphs

Registration Act, 1908 - Section 34-C (newly introduced January 2026) - Registration of settlement deed using certified copy of parent document - Executant must produce either the original parent document or a non-traceability certificate; a certified copy alone does not suffice - Petitioner sought mandamus to register settlement deed using certified copy of parent sale deed Document No.5623/2002 - Petitioner agreed on instructions to produce the non-traceability certificate - Fourth respondent (Sub-Registrar, Virugambakkam) directed to register the settlement deed upon production of the non-traceability certificate of the parent document, within one week thereof, if otherwise in order - Writ petition disposed of; no costs. (Single judge: Abdul Quddhose J.; Madras HC; 18-03-2026.)

Writ Petition No.10409 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Writ Petition No.10409 of 2026

Vasanthi W/o.Late.Alagarsamy

..Petitioner

Vs

The Secretary, Commercial Taxes and Registration Department, Government of Tamil Nadu, Secretariat, Fort Saint George, Chennai - 600 009.

The Deputy Inspector General of Registration, DIG Registration Office, No.27, Rajaji Salai, Chennai - 600 001.

The District Registrar, District Registrar Office -Chennai South, No.9, Jeenis Road, 2nd Floor, Saidapet, Chennai - 600 015.

The Sub- Registrar, Virugambakkam Sub-Registrar Office, 124, 1st Floor, Arcod Road, Virugambakkam, Chennai - 600 092.

..Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to direct the fourth respondent to allow the petitioner to use the certified copy of the sale Deed No.5623/2002 for registering the settlement deed on the basis of the representation dated 22.08.2025.

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Writ Petition No.10409 of 2026

For Petitioner : Ms.K.Kavitha for M/s.Char Murugan Law Associates For Respondents : Mr.U.Baranidharan, Special Government Pleader *****

ORDER

This writ petition has been filed seeking for a direction to the fourth

respondent to register the settlement deed presented by the petitioner for registration on receipt of production of the certified copy of the sale deed (parent document).

Mr.U.Baranidharan, learned Special Government Pleader,

accepts notice on behalf of the respondents.

As per Section 34-C of the Registration Act, 1908, which has

been newly introduced in January'2026 either the executant of the document will have to produce the original parent document or produce the nontraceability certificate. It will not suffice if the certified copy of the sale deed is produced, necessarily, the petitioner will have to produce the non-traceability certificate of the sale deed bearing document No.5623 of 2002, which is the parent document, to the fourth respondent to enable registration of the settlement deed presented by the petitioner for registration, if it is otherwise in order.

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Writ Petition No.10409 of 2026

Learned counsel for petitioner, on instructions, would submit

that the petitioner is now willing to produce the non-traceability certificate in

respect of parent document viz ., sale deed bearing document No.5623 of 2002.

In view of the same, a direction is issued to the fourth respondent

to register the settlement deed presented for registration on production of the non-traceability certificate of the parent document, viz ., sale deed bearing document No.5623 of 2002 by the petitioner, within a period of one (1) week from the date when the petitioner produces the non-traceability certificate.

This writ petition is disposed of with the above direction. No costs.

18-03-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm

To

The Secretary Commercial Taxes and Registration Department, Government of Tamil Nadu, Secretariat, Fort Saint George, Chennai - 600 009.

The Deputy Inspector General of Registration DIG Registration Office, No.27, Rajaji Salai, Chennai - 600 001.

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Writ Petition No.10409 of 2026

3.

The District Registrar District Registrar Office -Chennai South, No.9, Jeenis Road, 2nd Floor, Saidapet, Chennai - 600 015.

ABDUL QUDDHOSE, J.

gm

The Sub- Registrar Virugambakkam Sub-Regsitrar office, 124, 1st Floor, Arcod Road, Virugambakkam, Chennai - 600 092.

Writ Petition No.10409 of 2026

18-03-2026

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