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I.Michael v. The Sub Registrar

Madras HC9 Jun 2026WP(MD)/9279/2026

Case brief

AI extract

What is this about?

Article 226 certiorarified mandamus; W.P(MD)No.9279 of 2026; refusal check slip rfl/boothapandy/7/2026 dated 17.02.2026; Sub Registrar Boothapandy Kanyakumari; registration of discharge receipt dated 19.02.2026 issued by Thovalai Cooperative Housing Society; mortgage deed Document No.1460/1990 dated 17.12.1990; No Due Certificate dated 16.02.2026; Section 34C / Section 34-C — production of original document through which title is traced; original mortgage deed not produced; writ ordered, refusal set aside, receipt to be registered in accordance with law.

What did the court decide?

Impugned refusal check slip dated 17.02.2026 set aside; petitioner to re-present the receipt within two weeks from receipt of the web copy of the order, whereupon the same shall be duly registered in accordance with law; no costs. ¶28

I.Michael 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 dated 17.02.2026 issued by the Sub Registrar, Boothapandy — refusing registration of the discharge receipt on the ground that the original mortgage deed was not produced, relying on Section 34C of the Act — is illegal and liable to be quashed. +1 more

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Court's answer

The second respondent Society is a party to the writ petition and has expressly affirmed that the entire loan has been discharged and that the receipt was issued by it, undermining the refusal of registration.

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Ratio / Principle

Even on a perusal of Section 34-C of the Act, it is essential to produce the original document through which title is traced; in this case, however, what is sought to be registered is only a receipt issued by the 2nd respondent Cooperative Society.

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Detailed headnote1 paragraphs

MADRAS HIGH COURT (MADURAI BENCH) — W.P(MD)No.9279 of 2026 (D.Bharatha Chakravarthy, J., 09.06.2026): Writ of certiorarified mandamus under Article 226 of the Constitution of India against the refusal check slip in refusal number rfl/boothapandy/7/2026 dated 17.02.2026 issued by the Sub Registrar, Boothapandy, declining registration of a receipt dated 19.02.2026 issued by M/s. Thovalai Cooperative Housing Society acknowledging discharge of a loan secured by a mortgage deed registered as Document No.1460/1990 dated 17.12.1990, the refusal resting on the ground that the original mortgage deed was not produced, with reliance placed on Section 34C of the Act. Held: even on a perusal of Section 34-C of the Act, it is essential to produce only the original document through which title is traced; here what was sought to be registered was merely the Society's receipt, the Society itself — a party to the writ petition — having expressly affirmed that the entire loan stood discharged, a position the Government Standing Counsel did not dispute. The refusal check slip was set aside; the receipt was directed to be re-presented within two weeks of receipt of the web copy of the order and duly registered in accordance with law. No costs.

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W.P(MD)No.9279 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated: 09.06.2026

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CORAM

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THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P(MD)No.9279 of 2026

I.Michael

... Petitioner(s)

– Vs. -

1.The Sub Registrar, Boothapandy, Kanyakumari District.

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2.M/s. Thovalai Cooperative Housing Society (Mda Hsg 9), Rep by its Secretary, Mr.T.Jeyapaul, S/o.Thomson, Thittuvilai, Thovalai Taluk, Kanyakumari District. ... Respondent(s)

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Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMUS calling for the records of the impugned refusal check slip in refusal number rfl/boothapandy/7/2026 dated 17.02.2026 issued by the 1st respondent and quash the same as illegal and consequently direct the 1st respondent to register the receipt

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

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W.P(MD)No.9279 of 2026

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submitted by the petitioner with regard to property comprised in survey no.9/3, 9/4 and 9/5 measuring 11 cents, situated in therisanangkoppu village, thovaalai taluk, boothapandi, kanyakumari district within a time frame fixed by this Court.

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For Petitioner :Mr.S.Suresh Manickam For R1 & R2 :Mr.R.Parthiban Government Standing Counsel

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ORDER

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This writ petition is filed challenging the impugned refusal check slip dated 17.02.2026.

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2.The case of the petitioner is that after purchase of the property in the year 1990, the petitioner obtained loan from the second respondent society by a mortgage deed registered as Document No.1460/1990 dated 17.12.1990. Thereafter, when the petitioner discharged the entire mortgage amount, the second respondent Society also executed a receipt dated 19.02.2026 and also issued a No Due Certificate, dated 16.02.2026. When the receipt was presented for registration, the refusal check slip is now issued. The impugned order reasons that the original mortgage deed is not produced and the reliance is made on Section 34C of the Act.

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

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W.P(MD)No.9279 of 2026

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3.When the matter came up for hearing, the learned Government Standing Counsel would not also dispute the fact that the second respondent Society even as on date holds that the entire loan has been discharged and No Objection Certificate as well as the receipt are issued only by them.

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4.In view thereof, even on a perusal of Section 34-C of the Act, it is essential to produce the original document through which title is traced. In this case, what is now sought to be registered is only a receipt issued by the 2nd respondent Cooperative Society. The second respondent is also a party to this writ petition and has expressly affirmed that the entire loan has been discharged and the receipt is issued by the 2nd respondent.

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5.In view thereof, this writ petition is ordered on the following

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terms:

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(i)The impugned refusal check slip dated 17.02.2026 shall stand set aside.

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(ii)Within two weeks from the date of receipt of the web copy of

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

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