Disposed¶26

Shanmugam v. The District Registrar

Madras HC25 Mar 2026WP(MD)/7883/2026

Case brief

AI extract

What is this about?

Refusal check slip RFL/SIVAKASI/6/2026 dated 20.02.2026; Sub-Registrar Sivakasi, Virudhunagar District; section 34C of the Act; original parent document not available; non-traceable certificate; complaint to jurisdictional police; re-presentation and registration of sale deed in favour of Manivannan; Article 226 certiorarified mandamus; writ petition disposed; Shanmugam and Janaki v. District Registrar and Sub-Registrar.

What did the court decide?

Writ petition disposed of with observations and directions: petitioner to lodge a complaint with the jurisdictional police and obtain a non-traceable certificate, then re-present the sale deed for registration if there is no other impediment; no costs. ¶26

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

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the refusal check slip dated 20.02.2026 issued by the Sub-Registrar, Sivakasi, refusing registration of the sale deed executed in favour of Manivannan on the ground that the original parent document is not available (section 34C of the Act), can be sustained, and what directions should issue to enable registration.

¶20

Court's answer

So long as the statutory requirement (section 34C of the Act) applies because the original parent document is not available, no exception can be taken to the refusal check slip.

¶20

Ratio / Principle

Where the parent document is not available, a non-traceable certificate has to be produced by the person if the document is not traceable.

¶20

Key takeaways

The petitioner shall approach the jurisdictional police and lodge a complaint; the police, following the directions in the applicable circulars, shall make an endeavour and, if the document is not traceable, issue the non-traceable certificate as expeditiously as possible.ratio¶21
Upon obtaining the non-traceable certificate, it will be open to the petitioner to re-present the document, and upon re-presentation, if there is no other impediment, the document shall be registered.ratio¶21

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single judge (Hon'ble Mr Justice D. Bharatha Chakravarthy), W.P(MD)No.7883 of 2026, decided 25.03.2026. Petitioners Shanmugam and Janaki sought a Writ of Certiorarified Mandamus under Article 226 of the Constitution of India to quash the refusal check slip (Refusal Number RFL/SIVAKASI/6/2026, dated 20.02.2026) issued by the Sub-Registrar, Sivakasi, refusing registration of a sale deed dated 20.02.2026 executed in favour of one Manivannan, on the ground that the original parent document was not available (section 34C of the Act). The Court held that so long as the statutory requirement exists, no exception can be taken to the refusal check slip; however, where the parent document is not available, a non-traceable certificate must be produced. The petitioner was directed to lodge a complaint with the jurisdictional police, which shall endeavour to trace the document and, if not traceable, issue a non-traceable certificate as expeditiously as possible; thereafter the petitioner may re-present the document, and if there is no other impediment it shall be registered. Writ petition disposed of; no costs.

¶1

W.P(MD)No.7883 of 2026

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

Dated: 25.03.2026

¶4

CORAM

¶5

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY

¶6

W.P(MD)No.7883 of 2026

1.Shanmugam

2.Janaki

... Petitioners

Vs.

1.The District Registrar, Virudhunagar District, Virudhunagar.

¶12

2.The Sub-Registrar, Sub-Registrar Office, Sivakasi, Virudhunagar District. ...Respondents

¶13

Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the refusal check slip in Refusal Number:RFL/SIVAKASI/6/2026 dated 20.02.2026 issued by the 2^nd respondent and quash the same and further direct the 2^nd respondent to register the sale deed dated 20.02.2026 executed in favour of one Manivannan within the time frame fixed by this Court

¶14

¶15

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

¶16

W.P(MD)No.7883 of 2026

¶17

For Petitioner :Mr.S.Surya For R1 & R2 :Mr.A.Baskaran, Additional Government Pleader

¶18

ORDER

¶19

The writ petition is filed challenging the impugned refusal check slip dated 20.02.2026.

¶20

In view of section 34C of the Act, since the original parent document is not available, the same is refused. So long as the statutory requirement is there no exception that can be taken with reference to these refusal check slip. However, even as per the provision, if the parent document is not available, non traceable certificate has to be produced by the person if the document is not traceable.

¶21

3.Let the petitioner approach the jurisdictional police and lodge a complaint. The jurisdictional police by following the directions given in the circulars in that regard shall make an endeavor and if the document is not traceable, the non traceable certificate shall be given. As and when the petitioner approaches, the same shall be done by the jurisdictional police as expeditiously as possible thereafter by getting the non-traceable certificate, it will be open for the petitioner to re-present the document. Upon which, if

¶22

¶23

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

¶24

W.P(MD)No.7883 of 2026

¶25

there is no other impediment the document shall be registered.

¶26