Susila Vs The District Registrar — Writ and Judicial Review | Madras HC (2026)

Susila Vs The District Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Impugned Refusal Check Slip dated 19.05.2026 (Reference No.RFL/Tirupathur-Karaikudi/18/2026) quashed; second respondent directed to receive and register the Settlement Deed dated 19.05.2026 if otherwise in order and upon compliance with the requirements of the Registration Act, 1908 and the Rules made thereunder; no order as to costs.

Issue for consideration

Whether the refusal to register the petitioner's Settlement Deed dated 19.05.2026 on the sole ground of non-production of original title documents, by invoking Section 34-C of the Registration Act, 1908, can be sustained.

Court's answer

In view of the Division Bench judgment in M/s Dugars v. The State of Tamil Nadu (W.P.(MD) No.7415 of 2026 etc. batch, decided 23.06.2026), wherein Section 34-C of the Registration Act, 1908 was declared ultra vires and struck down, the refusal to register the document on the sole ground of non-production of original title documents by invoking Section 34-C cannot be sustained.

Ratio / Principle

The impugned Refusal Check Slip dated 19.05.2026 bearing Reference No.RFL/TirupathurKaraikudi/18/2026 is quashed.

Key takeaways

The second respondent is directed to receive and register the Settlement Deed dated 19.05.2026 presented by the petitioner, provided the document is otherwise in order and the petitioner complies with the other requirements of the Registration Act, 1908 and the Rules made thereunder.ratio¶26

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (C.Saravanan, J.), order dated 10.07.2026 in W.P.(MD) No.19440 of 2026: The petitioner challenged the Refusal Check Slip dated 19.05.2026 (Ref. No.RFL/Tirupathur-Karaikudi/18/2026) issued by the Sub Registrar, Tirupathur, refusing registration of the petitioner's Settlement Deed dated 19.05.2026 executed in favour of the petitioner's daughter, Kavitha, on the sole ground of non-production of original title documents under Section 34-C of the Registration Act, 1908 (inserted by the Registration (Tamil Nadu Amendment) Act, 2026). Both sides conceded that the issue stood concluded by the Division Bench judgment in M/s Dugars v. The State of Tamil Nadu (W.P.(MD) No.7415 of 2026 etc. batch, decided 23.06.2026), wherein Section 34-C was declared ultra vires and struck down. Holding that the refusal could not be sustained, the Court quashed the Refusal Check Slip and directed the second respondent to receive and register the Settlement Deed, provided it is otherwise in order and the petitioner complies with the Registration Act, 1908 and the Rules made thereunder. Writ petition disposed of; no costs.

W.P.(MD) No.19440 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10.07.2026

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN

W.P.(MD)No.19440 of 2026

Susila ... Petitioner

Vs.

1.The District Registrar, Sivagangai District, Sivagangai.

2.The Sub Registrar, Sub Registrar Office, Tirupathur, Sivagangai District. ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in his proceedings in Refusal Number RFL/Tirupathur-Karaikudi/18/2026 dated 19.05.2026 and quash the same as illegal and consequently directing the respondents to register the petitioner's settlement deed dated 19.05.2026, within a stipulated period fixed by this Court.

For Petitioner : Mr.L.Prabakaran

For Respondents : Ms.P.Sudarkodi Natchiyar Government Standing Counsel

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W.P.(MD) No.19440 of 2026

ORDER

The petitioner has filed the present Writ Petition challenging the impugned Refusal Check Slip dated 19.05.2026 bearing Reference No.RFL/Tirupathur-Karaikudi/18/2026 issued by the second respondent, whereby registration of the Settlement Deed dated 19.05.2026 executed by the petitioner in favour of his daughter, Kavitha, was refused.

2 . When the matter was taken up for hearing today, the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents fairly submitted that the issue involved in the present Writ Petition is no longer res integra and stands concluded by the judgment 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 Section 34-C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2026, was declared ultra vires and struck down.

3 . In view of the aforesaid authoritative pronouncement, the refusal to register the document on the sole ground of non-production of the

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W.P.(MD) No.19440 of 2026

original title documents by invoking Section 34-C of the Registration Act, 1908 cannot be sustained. Consequently, the impugned Refusal Check Slip dated 19.05.2026 bearing Reference No.RFL/TirupathurKaraikudi/18/2026 is quashed.

4 . The second respondent is directed to receive and register the Settlement Deed dated 19.05.2026 presented by the petitioner, provided that the document is otherwise in order and the petitioner complies with the other requirements of the Registration Act, 1908 and the Rules made thereunder.

5 . Accordingly, the Writ Petition stands disposed of. There shall be

no order as to costs.

NCC : Yes / No smn2

10.07.2026

To

1.The District Registrar, Sivagangai District, Sivagangai.

2.The Sub Registrar, Sub Registrar Office, Tirupathur, Sivagangai District.

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W.P.(MD) No.19440 of 2026

C.SARAVANAN, J.

smn2

W.P.(MD) No.19440 of 2026

10.07.2026

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