[Cites 2, Cited by 0]
Madras High Court
Minor H.Priyadarshini vs The Sub Registrar on 16 March, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.(MD)No.7147 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD)No.7147 of 2026
and
W.M.P.(MD)No.5852 of 2026
Minor H.Priyadarshini,
D/o.Late V.Hariharan,
Represented by her Natural Guardian,
Ramalakshmi, W/o.Late V.Hariharan,
7/18J/15, Jamalpur City,
Chakkaramalpuram,
Tirunelveli District. ... Petitioner
-vs-
The Sub Registrar,
Keelur,
Thoothukudi District. ... Respondent
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records relating to the
impugned refusal check slip in RFL/Keelur/25/2026 dated 05.03.2026 on the file
of the respondent and quash the same and consequently direct the respondent to
register the Sale Deed presented by the petitioner along with five others in respect
of the property comprised in Town Survey Nos.517, 518, 519, 520 and 521, Ward
No.4, Block No.2, situated at Muthunaickar Street, Thoothukudi Town,
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W.P.(MD)No.7147 of 2026
Thoothukudi District along with other properties, within a time frame as may be
stipulated by this Court.
For Petitioner : Mr.K.Jeyamohan
For Respondent : Mr.M.Gangatharan
Government Advocate
ORDER
The writ petition is filed challenging the impugned refusal check slip dated
05.03.2026.
2. Upon hearing the learned counsel for the petitioner and upon perusing
the material records of the case, it is seen that when the minor's property was
sought to be alienated by the guardian in favour of a third party, the impugned
refusal check slip came to be issued stating that prior permission should be
obtained from the competent Court and that the guardian is not permitted to
alienate the property until the minor attains majority.
3. I have also heard the learned Government Advocate appearing on behalf
of the respondent.
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4. I am of the view that if a limited estate is vested in the guardian to
administer the minor's property with a condition not to alienate the property until
the minor attains majority, the same will not operate as an absolute bar, but will
only give a right of election to the minor to repudiate the transaction immediately
after attaining majority. For instance, if the sale is necessary for the welfare of the
minor, the guardian can undertake the same. As far as permission is concerned, it
cannot be held that the document itself will be invalid merely because permission
from the competent Court has not been obtained.
5. This question has already been decided by this Court in W.P.No.1989 of
2023, dated 27.01.2023 (Minor Jagadish vs. The Inspector General of
Registration and another).
6. For all the above reasons, the impugned refusal check slip stands
quashed and the respondent is directed to register the document, if it is otherwise
in order and if there is no other legal impediment.
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7. Accordingly, this Writ Petition is allowed. No costs. Consequently, the
connected Miscellaneous Petition is closed.
16.03.2026
Neutral Citation : No
smn2
To:-
The Sub Registrar,
Keelur,
Thoothukudi District.
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D.BHARATHA CHAKRAVARTHY, J.
smn2
16.03.2026
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