Allowed

B.R.Sukumar v. The Sub Registrar

Madras HC24 Jun 2026WP(MD)/17649/2026

Case brief

AI extract

What is this about?

Sale deed registration refused on ground of surplus Government interest land. Court set aside refusal check slip, directed re-presentation and enquiry with notice per Division Bench directions in Sudha Ravi Kumar before register/refuse decision.

What did the court decide?

Refusal check slip dated 30.05.2026 set aside; petitioner may re-present sale deed within three weeks for fresh enquiry and registration decision.

B.R.Sukumar Vs The Sub Registrar — Land Acquisition | Madras HC (2026)

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W.P.(MD)No.17649 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.06.2026

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CORAM

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.(MD)No.17649 of 2026

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B.R.Sukumar .. Petitioner

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Vs.

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The Sub-Registrar, Office of the Sub-Registrar, Thiruverumbur, Trichy.

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.. Respondent

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records connected with the Impugned Refusal Check Slip issued by the Respondent in RFL/Thiruverumbur/181/2026 dated 30.05.2026 and quash the same as illegal, consequently direct the respondent to register the sale deed presented by the petitioner dated 30.05.2026 in accordance with law.

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For Petitioner : Dr.R.Alagumani For Respondent : Mr.S.Vashik Ali Government Standing Counsel

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

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W.P.(MD)No.17649 of 2026

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ORDER

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The writ petition has been filed challenging the impugned refusal check slip dated 30.05.2026.

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2. When the petitioner presented a sale deed for registration, the same was refused by the impugned order on the ground that the land is surplus and, therefore, is classified as Government interest land as on that date.

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The learned counsel for the petitioner submitted that the property has already been dealt with and, pursuant to the title confirmed in favour of the petitioner, further documents have been executed.

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I have heard the learned counsel appearing on either side.

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Even with reference to any objection under Section 22-A, the Division Bench of this Court in Sudha Ravi Kumar and Others v. The Special Commissioner and Commissioner of H.R. & C.E. and Others , reported in 2017

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(3) CTC 135, has held that a refusal check slip cannot be issued merely on the basis of a request or an entry in the Sub-Registrar Office. However, an enquiry has to be conducted in accordance with the dictum laid down by the Division

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

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W.P.(MD)No.17649 of 2026

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Bench in paragraph 25 of the said judgment. The relevant portion is extracted

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hereunder for ready reference.”

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“25. In view of the above discussions, all the writ petitions are allowed and the impugned orders are set aside with the following directions:

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(i) The registering authority before whom the document has been presented shall cause service of notice on the parties to the deeds and also to the objector/religious institution, hold summary enquiry, hear the parties and then either register or refuse to register the document by passing an order having regard to the relevant facts as indicated above.

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(ii) If the registering authority, refuses to register any document by accepting the objections raised under Section 22A of the Registration Act, the aggrieved may file a statutory appeal under the Act.

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(iii) If the objections raised under Section 22-A of the Act by the religious institution are rejected and the document is registered, the remedy for the religious institution is to either approach this Court by way of a writ petition seeking cancellation of the registration or for any other relief or to approach the civil Court for declaration of the title and for other consequential reliefs.

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(iv) If the registering authority refuses to register the document acting on the objections raised by a religious institution under Section 22-A of the Registration Act, the parties to the deed will be at liberty to straightaway approach the Civil Court for declaration of title and other relief without availing the opportunity for filing a statutory appeal.

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(v) We further direct that if the deed has already been registered without there being any objection by the religious institution under Section 22-A of the Act, the document shall be returned to the parties concerned leaving it open for the religious institution to approach either the High Court under Article 226 of the Constitution of India or the Civil Court for appropriate relief as indicated above. At any rate, the

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

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W.P.(MD)No.17649 of 2026

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registering authority shall not withhold the deed which has already been registered.

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(vi) Consequently the connected miscellaneous petitions are closed. No costs.”

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6 .In view of the above, this writ petition is disposed of on the following

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terms:

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(i) The impugned refusal check slip dated 30.05.2026 shall stand set

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aside.

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(ii) The petitioner shall re-present the document within three weeks from the date of receipt of a web copy of this order.

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(iii) Upon such representation, due notice shall be issued to the petitioner as well as the appropriate authority claiming the land as surplus land. The appropriate authority, including the Assistant Commissioner, Land Reforms, shall conduct an enquiry in the manner stated above and pass orders in accordance with law.

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7. With the above terms, the writ petition is allowed. No costs.

24.06.2026

NCC: No

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

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