T.Thegaleesan vs The Joint Sub Registrar No
2026 Latest Caselaw 166 Mad

Madras High Court

T.Thegaleesan vs The Joint Sub Registrar No on 9 January, 2026

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                                             W.P.No.49768 of 2025
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 09.01.2026

                                                              CORAM

                           THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                   W.P.No.49768 of 2025


                     T.Thegaleesan                                                               ... Petitioner
                                                                  -vs-


                     The Joint Sub Registrar No.1,
                     Villupuram.                                                           ... Respondent



                     PRAYER: Writ Petition is filed under Article 226 of the Constitution of

                     India, pleased to issue a Writ of Certiorarified Mandamus, calling for the

                     records      of   the   respondent        in     RFL/No.1           Joint    Sub     Registrar,

                     Villupuram/78/2025 dated 03.12.2025 and quash the same and thereby direct

                     the respondent to register the sale deed in favour of petitioner dated

                     01.12.2025 in respect of the property situate at Dry S.No.13 New

                     S.No.13/1A1A1A measuring an extent of 1200 sq.ft with 400 sq.ft

                     superstructure therein at Kakuppam Village, Villupuram Taluk.




                     1/4




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                                                                                             W.P.No.49768 of 2025


                                  For Petitioner        : Mr.N.Suresh

                                  For Respondent        : Ms.Akila Rajendran
                                                          Government Advocate

                                                               **********

                                                                  ORDER

The petitioner’s mother executed a sale deed in favour of the

petitioner. Upon presentation for registration, the request was declined

under the impugned refusal check slip.

2. Learned counsel for the petitioner submits that the impugned order

is unsustainable in as much as the existence of a prior mortgage is cited as

the reason for refusal. By relying on the judgment of this Court in Federal

Bank Limited v. Sub Registrar and others 2023(2) CTC 289, learned counsel

submits that the registering officer is not entitled to refuse registration on the

ground of the existence of a mortgage.

3. Ms.Akila Rajendran, learned Government Advocate accepts notice

for the respondent.

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4. The existence of a prior mortgage is not a ground for refusal of

registration of a conveyance. Such conveyance would, however, be subject

to the rights of the mortgagee under the prior mortgage. In addition, it has

been held in several judgments, including T.Gopi v. The Inspector General

of Registration, that the registering officer does not have the power to

adjudicate on title, including with reference to Rule 55A of the Registration

Rules, which was struck down in the said judgment.

5. For reasons aforesaid, the impugned order cannot be sustained and

is hereby set aside. Consequently, the petitioner is permitted to re-present

the instrument for registration. Subject to fulfilment of other requirements

such as payment of stamp duty and registration fees, the instrument shall be

registered within two weeks from the date of re-presentation thereof.

6. This writ petition is disposed of on the above terms. No costs.

09.01.2026 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No

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SENTHILKUMAR RAMAMOORTHY,J

rna

To

The Joint Sub Registrar No.1, Villupuram.

09.01.2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/01/2026 01:37:33 pm )