Madras High Court
WP(MD)/29699/2026 of AR.Ariyasaravanan Vs The Joint Sub Registrar No.II on 14 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
W.P.(MD)No.29699 of 2026
CNR:{HCMD011473222026}
AR.Ariyasaravanan
..Petitioner
Vs
The Joint Sub Registrar No.II,
Sivagangai, Sivagangai District.
..Respondent
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, Certiorarified Mandamus, to call for the records relating to the impugned refusal check slip issued by the respondent in refusal number:
RFL/No.2 Joint Sub-Registrar Sivagangai/58/2026 dated 22.09.2026 and to quash the same as illegal, arbitrary and in violation of the provisions of the Registration Act, 1908 and consequently to direct the respondent to register the Deed of Release dated 16.07.2026 executed in favour of the petitioner upon re-presentation, within stipulated time fixed by this Court.
For Petitioner
:Mr.D.Kirubakaran
For Respondent
:Mr.S.Siva Thilakar
Special Government Pleader
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ORDER
The petitioner is before this Court challenging the impugned refusal check slip, dated 22.09.2026 issued by the respondent with a consequential direction to register the release deed, dated 16.07.2026 executed in favour of the petitioner upon re-presentation.
2. Heard Mr.D.Kirubakaran, learned Counsel for the petitioner and Mr.S.Siva Thilakar, learned Special Government Pleader, who accepts notice on behalf of the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage.
3. It is to be noted that a deed of release is sought to be registered in favour of the petitioner by his mother and siblings. However, a refusal check slip had been issued indicating the existence of an earlier mortgage that had been executed by the father of the petitioner. It is also to be noted that the petitioner's father is no more and his legal heirs are intended to discharge the mortgage loan. The petitioner being one of the legal heirs, is entitled to be benefited by the release deed by other legal heirs. Hence, this Court do not find any impediment in registering the said deed of release.
4. Accordingly, the Writ Petition stands allowed and the impugned refusal check slip issued by the respondent dated 22.09.2026 stands set aside. The petitioner is directed to re-present the subject document and on re-presentation, the respondent is directed to proceed further for registering the same, if it is otherwise in order. There shall be no order as to costs. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To The Joint Sub Registrar No.II, Sivagangai, Sivagangai District.
K.KUMARESH BABU, J. cmr W.P.(MD)No.29699 of 2026 14-10-2026