R.Baskar Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2026)

R.Baskar Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed: impugned refusal check slip dated 23.03.2026 set aside and matter remanded to the respondent; petitioner to re-present the settlement deed with the original documents relied upon in the deed (including all originals of the earlier documents, death certificate and legal heir certificate of the testator of the Will); respondent to consider, process in the manner known to law, pass final orders and register if there is no other impediment. No costs.

Issue for consideration

Whether the impugned refusal check slip dated 23.03.2026 refusing registration of the petitioner's settlement deed (on account of non-production of the originals of the earlier title document and the Will) is liable to be set aside, and whether the respondent should thereupon process and register the deed.

Court's answer

The impugned refusal check slip dated 23.03.2026 shall stand set aside and the matter stands remanded back to the file of the respondent.

Ratio / Principle

The petitioner shall re-present the document along with the original documents relied upon in the deed; it is then for the respondent to consider the same and thereafter process the document in the manner known to law, pass final orders and register it if there is no other impediment.

Key takeaways

Registration is conditioned on the petitioner producing all the originals of the earlier documents along with the death certificate and legal heir certificate of the testator of the Will.ratio¶28

Detailed headnote1 paragraphs

Writ Petition (Art. 226, Certiorarified Mandamus) against refusal check slip dated 23.03.2026 in Pathivu Maruppu No.10/2026 issued by the Sub Registrar, Nagamalai Pudukottai, Madurai, refusing registration of the petitioner's settlement deed because the originals of the earlier title document and the Will were not produced at presentation. Held: the refusal check slip stands set aside and the matter is remanded to the respondent. The petitioner is to re-present the deed with the original documents relied upon therein, including all originals of the earlier documents together with the death certificate and legal heir certificate of the testator of the Will; the respondent is then to consider and process the document in the manner known to law, pass final orders and register it if there is no other impediment. No costs. (Madras HC, Madurai Bench; D. Bharatha Chakravarthy, J.; decided 21.04.2026.)

W.P.(MD)No.11435 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated: 21.04.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY

W.P(MD)No.11435 of 2026

R.Baskar ... Petitioner

Vs.

The Sub Registrar, District Registrar Cadre, Nagamalai Pudukottai, Madurai -625 019. ...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 23/03/2026 in Pathivu Maruppu No.10/2026 passed by respondent and to quash the same and consequently to direct the respondent to forthwith register the

settlement deed dated 23/03/2026.

For Petitioner : Mr.V.N.Arujn, For Mr.N.Vallinayagam

For Respondent : Mr.A.Baskaran, Addl. Government Pleader.

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W.P.(MD)No.11435 of 2026

ORDER

The writ petition is filed challenging the impugned refusal check slip, dated 23.03.2026.

2.When the petitioner presented a settlement deed for registration, the same was refused by way of the impugned refusal check slip. The reasons that are given is that when the petitioner is claiming title through an earlier document and also Will, the originals of the same were not produced when the document is presented for registration.

3.When the matter came up for hearing, the learned counsel for the petitioner submits that the petitioner is now ready to produce those documents.

4.In view thereof, this writ petition is ordered on the following

terms:-

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W.P.(MD)No.11435 of 2026

(i) The impugned refusal check slip dated 23.03.2026 shall stand

set aside and the matter stands remanded back to the file of the respondent.

(ii) The petitioner shall re-present the document along with the original documents relied upon in the deed and it is for the respondent to consider the same and thereafter process the document in the manner known to law and pass final orders and register the same, if there is no other impediment, and if the petitioner produces all the originals of the earlier documents along with the death certificate and legal heir certificate of the testator of the Will.

(iii) No costs.

21.04.2026

NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

To

The Sub Registrar, District Registrar Cadre, Nagamalai Pudukottai, Madurai -625 019.

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W.P.(MD)No.11435 of 2026

D.BHARATHA CHAKRAVARTHY, J.

ias

W.P(MD)No.11435 of 2026

21.04.2026

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