Quashed

Jasmine Kavitha v. The District Registrar

Madras HC6 Jul 2026WP(MD)/18771/2026

Case brief

AI extract

What is this about?

In a writ petition, the Madurai Bench of the Madras High Court quashed a Refusal Check Slip issued by the Sub-Registrars refusing to register a settlement deed due to non-production of original documents under Section 34-C. Relying on a Division Bench judgment that struck down Section 34-C as ultra vires, the Court directed the respondents to register the deed.

What did the court decide?

Quashed the impugned Refusal Check Slip dated 15.06.2026 and directed the 2nd respondent to register the Settlement Deed dated 12.06.2026.

Jasmine Kavitha Vs The District Registrar — Constitutional and Fundamental Rights | Madras HC (2026)

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W.P.(MD).No.18771 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.07.2026

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P(MD) No.18771 of 2026

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Jasmine Kavitha ... Petitioner

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Vs. 1.The District Registrar, O/o District Registrar, Kanniyakumari District. 2.The Sub-Registrar, O/o Sub-Registrar, Vadaseri Taluk, Kanniyakumari District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned refusal check slip issued by the 2^nd respondent vide RFL/Vadaseri/120/2026 dated 15.06.2026 and quash the same as illegal and consequently direct the 2^nd respondent to register the settlement deed dated 12.06.2026 presented by the petitioner.

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For Petitioner : Mr.M.Sankar For Respondent : Mr.S.Venkatesh Counsel for State of TN for R1 and R2

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

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W.P.(MD).No.18771 of 2026

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ORDER

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The petitioner is before this Court challenging the impugned Refusal Check Slip issued by the second respondent in Refusal No. RFL/Vadaseri/120/2026, dated 15.06.2026, declining to register the Settlement Deed dated 12.06.2026, on the ground of non-production of the original documents under Section 34-C of the Registration Act, 1908.

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The reasons stated in the impugned Refusal Check Slip are extracted

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hereunder:

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

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W.P.(MD).No.18771 of 2026

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Both the learned counsel for the petitioner and the learned counsel for the Government of Tamil Nadu appearing for the respondents confirm that the issue is no longer res integra and is covered by the decision of the Hon'ble Division Bench of this Court in M/s.Dugars v. The State of Tamil Nadu, represented by its Secretary to Government, Registration Department and Others , rendered on 23.06.2026 in W.P.(MD) No.7415 of 2026 etc. batch, wherein the Hon'ble Division Bench of this Court has declared Section 34-C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2026, as ultra vires and struck down the same.

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In light of the above judgment of the Hon'ble Division Bench of this Court, Section 34-C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2026, has been struck down. Therefore, the reason for rejecting the document presented for registration on the ground of non-production of the original documents under Section 34-C of the Registration Act cannot be countenanced. Therefore, the impugned Refusal Check Slip dated 15.06.2026 is quashed. I therefore direct the second respondent to register the Settlement Deed dated 12.06.2026 presented by the petitioner, subject to the petitioner complying with the other requirements of the Act and the Rules made thereunder.

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

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W.P.(MD).No.18771 of 2026

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Accordingly, this Writ Petition stands disposed of. There shall be no

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order as to costs.

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06.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

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Indu

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1.The District Registrar, O/o District Registrar, Kanniyakumari District.

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2.The Sub-Registrar, O/o Sub-Registrar, Vadaseri Taluk, Kanniyakumari District.

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

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W.P.(MD).No.18771 of 2026

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C.SARAVANAN, J.

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Indu

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W.P(MD).No.18771 of 2026

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06.07.2026

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

Jasmine Kavitha v. The District Registrar

Case brief

What is this about?

What did the court decide?

Jasmine Kavitha v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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