P.Subbulakshmi vs The Sub Registrar
2026 Latest Caselaw 1417 Mad

Citation : 2026 Latest Caselaw 1417 Mad
Judgement Date : 18 March, 2026

[Cites 1, Cited by 0]

Madras High Court

P.Subbulakshmi vs The Sub Registrar on 18 March, 2026

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                             W.P.(MD)No.7528 of 2026

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                        DATED : 18.03.2026

                                                                 CORAM:

                    THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                    W.P.(MD)No.7528 of 2026

                 P.Subbulakshmi                                                                  ... Petitioner
                                                                      -vs-

                 The Sub Registrar,
                 Sub Registrar Office,
                 Valliyur,
                 Tirunelveli 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 in pursuance to
                 the impugned Refusal Check Slip in Refusal No.RFL/VALLIYUR/61/2025 dated
                 27.11.2025 on the file of the respondent herein and quash the same as illegal and
                 consequently direct the respondent to register the document submitted by the
                 petitioner in TP/240704634/2025 dated 27.11.2025 within the time stipulated by
                 this Court.


                                  For Petitioner           : Mr.S.Selvakumar

                                  For Respondent           : Mr.A.Baskaran
                                                             Additional Government Pleader


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                                                                                        W.P.(MD)No.7528 of 2026

                                                                ORDER

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

27.11.2025.

2. When the petitioner presented the document for registration, the same

was refused on the ground that, though the petitioner claims title through a

settlement deed executed by her father during his lifetime, the said settlement

deed was subsequently cancelled by her father.

3. The learned counsel for the petitioner submitted that, even though the

petitioner’s father had unilaterally cancelled the settlement deed, such

cancellation is null and void in law, and the petitioner has continued to exercise

rights over the property. In fact, she has executed a sale deed in respect of a

portion of the property in favour of her siblings. It is further submitted that, after

the death of her father, there are only four legal heirs, including the petitioner, and

the other legal heirs have no objection.

4. In view of the above submissions, the writ petition is allowed on the

following terms:-

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 09:06:01 pm )

(i) The impugned refusal check slip dated 27.11.2025 is set aside.

(ii) The respondent / Sub-Registrar shall conduct an enquiry with respect to

the document in question by issuing notice to the petitioner as well as to the other

legal heirs of the petitioner’s father Santhana Konar, and pass orders afresh in

accordance with law.

(iii) Considering the fact that the petitioner has dealt with the property by

conveying a portion to third parties even subsequent to the cancellation of the

settlement deed, it is open to the respondent / Sub-Registrar to consider

registration of the present document as per the outcome of the enquiry.

(iv) The respondent / Sub-Registrar shall complete the above exercise as

expeditiously as possible, in any event, within a period of eight weeks from the

date of receipt of a web copy of this order.