G.Chandra Bose, v. The Sub Registrar

Madras HC8 Jul 2026WP(MD)/19135/2026

Case brief

AI extract

What is this about?

Section 34-C Registration Act 1908; Registration (Tamil Nadu Amendment) Act 2026; ultra vires; struck down; refusal check slip; non-production of original parent document; original documents; sale deed registration; M/s. Dugars v. State of Tamil Nadu; W.P.(MD) No.7415 of 2026; Sub Registrar Thirumayam Pudukkottai; Certiorarified Mandamus; Article 226; Madurai Bench of Madras High Court; C. Saravanan J.; 08.07.2026

What did the court decide?

Impugned Refusal Check Slip dated 25.06.2026 quashed; respondent directed to register the Sale Deed dated 25.06.2026 subject to compliance with other requirements of the Act and Rules; no order as to costs. ¶¶27

G.Chandra Bose, Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Refusal Check Slip declining registration of the Sale Deed dated 25.06.2026 on the ground of non-production of original documents under Section 34-C of the Registration Act, 1908 can be sustained.

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Court's answer

In light of the Division Bench judgment in M/s. Dugars (which struck down Section 34-C of the Registration Act, 1908 as ultra vires), the reason for rejecting registration for non-production of original documents under Section 34-C cannot be countenanced.

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Ratio / Principle

The impugned Refusal Check Slip dated 25.06.2026 is quashed.

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Key takeaways

The respondent is directed to register the Sale Deed dated 25.06.2026 presented by the petitioner, subject to the petitioner complying with the other requirements of the Act and the Rules made thereunder.ratio¶¶26

Detailed headnote1 paragraphs

Registration — Refusal Check Slip (RFL/Thirumayam/31/2026 dt. 25.06.2026) issued by Sub Registrar, Thirumayam, Pudukkottai District, declining registration of a Sale Deed dt. 25.06.2026 for non-production of original documents under S. 34-C of the Registration Act, 1908 (inserted by the Registration (Tamil Nadu Amendment) Act, 2026). Both counsel concurred that the issue is covered by the Hon'ble Division Bench judgment of the same Court in M/s. Dugars v. The State of Tamil Nadu (W.P.(MD) No.7415 of 2026 etc. batch, dt. 23.06.2026), which declared S. 34-C ultra vires and struck it down. Holding that the refusal on the ground of S. 34-C cannot be countenanced, C. Saravanan, J. quashed the Refusal Check Slip and directed the Sub Registrar to register the Sale Deed dt. 25.06.2026, subject to compliance with the other requirements of the Act and Rules. Writ Petition disposed of; no costs. (08.07.2026)

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W.P.(MD).No.19135 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.07.2026

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P(MD) No.19135 of 2026

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G.Chandra Bose ... Petitioner

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Vs.

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The Sub Registrar, Office of the Sub Registrar Office, Thirumayam, Pudukkottai District. ...Respondent

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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 pertaining to the impugned refusal check slip in RFL/Thirumayam/31/2026 dated 25.06.2026 and quash the same and consequently direct the respondent to register the document without insisting for the production of original parent document within the time that may be stipulated by this Court.

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For Petitioner : Mr.S.Alagusundar

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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.19135 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 respondent in Refusal No.RFL/Thirumayam/31/2026 dated 25.06.2026, declining to register the Sale Deed dated 25.06.2026 executed by the petitioner, 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 hereunder:

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'',ju fhuzq;fs;: mry; Kd; Mtz vz; 2712 / 2023 MdJ gjpTf;F jhf;fy; nra;ag;gltpy;iy Nkw;gb Kd; mry; Mtzj;Jld; ,t;thtzj;ij jhf;fy; nra;Ak; nghUl;L MtzkhdJ gjpTf;F Vw;f ,ayhj epiyapy; kWjspf;fg;gLfpwJ.''

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Both the learned counsel for the petitioner and the learned counsel for

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the State of Tamil Nadu appearing for the respondent 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

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

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W.P.(MD).No.19135 of 2026

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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 25.06.2026 is quashed. I therefore direct the respondent to register the Sale Deed dated 25.06.2026 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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