Madras High Court
WP(MD)/29386/2026 of Thangam Vs The Sub-Registrar on 12 October 2026
WP(MD) No. 29386 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) No. 29386 of 2026
CNR:{HCMD011417322026}
AND
WMP(MD) No. 22325 of 2026
1. Thangam
2. Pratheep Raj
3. Priyadharshi
..Petitioners
Vs
The Sub-Registrar
Manamadurai Sub-registrar Office,
Manamadurai,
Sivagangai District.Sivagangai
..Respondent
PRAYER:
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 relating to the impugned Refusal Check Slip bearing Refusal No. RFL/Manamadurai/22/2026 dated 28.08.2026, issued by the Respondent, and quash the same apd consequently direct the Respondent to entertain the Sale Deed dated 28.08.2026 for registration and register the same in accordance with law.
For Petitioners:
Mr.B.Ramnath
For Respondent:
Mr.S.Siva Thilakar
Special Government Pleader
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ORDER
W.M.P. (MD) No. 22325 of 2026, filed seeking permission of this Court to file a single Writ Petition, is ordered accordingly.
WP(MD) No. 29386 of 2026
2. Heard learned counsel appearing on either side.
3. By consent of both parties, this Writ Petition is taken up for final disposal.
4. This Writ Petition is filed for issuance of Writ of CERTIORARIFIED MANDAMUS, challenging the impugned Refusal Check Slip bearing Refusal No. RFL/Manamadurai/22/2026 dated 28.08.2026, issued by the Respondent, and consequently direct the Respondent to entertain the Sale Deed dated 28.08.2026 for registration and register the same in accordance with law.
5. The refusal check slip was issued on the ground that the petitioner had not produced the death certificate and the legal heir certificate of Malaichamy, who was the father of Poominathan, in whose name the patta stood.
6. It is the case of the petitioners that the said Malaichamy had died 40 years ago and that he was the father-in-law of the 1st petitioner and the grandfather of the 2nd and 3rd petitioners. Therefore, it was somewhat difficult for the petitioners to obtain the legal heir certificate. However, they would rely upon the legal heir certificate issued in respect of Panchavarnam, the wife of Malaichamy,
WP(MD) No. 29386 of 2026 and the legal heir certificate of Poominathan to contend that they are entitled to the grant of patta.
7. The learned Special Government Pleader appearing for the respondent objects to the claim of the petitioners, contending that the lineage of Malaichamy would have to be substantiated before the registering authority for registration of the document, failing which there may be third-party claims in respect of the property.
8. I have carefully considered the submissions made on either side and perused the materials available on record.
9. A perusal of the legal heir certificate of Panchavarnam would indicate that all her legal heirs had predeceased her, including her husband, Malaichamy, whose name is reflected in the revenue records. The said Poominathan, the husband of the 1st petitioner and the father of the 2nd and 3rd petitioners, is shown to be the son of Panchavarnam and had also predeceased her. The father and mother of Panchavarnam had also predeceased her. In this regard, it appears that, as Malaichamy, who had predeceased Panchavarnam, had only one son, by name Poominathan, who is the predecessor-in-interest of the petitioners herein.
WP(MD) No. 29386 of 2026
10. The legal heir certificate of Poominathan would also reflect the name of Panchavarnam as his surviving mother, who is no longer alive, as is evident from the death certificate and the legal heir certificate produced in respect of Panchavarnam. In this regard, this Court is of the view that the petitioners herein have succeeded to the estate of Malaichamy and, accordingly, the refusal check slip issued by the respondent is liable to be interfered with.
11. In fine, the Writ Petition stands allowed, and the refusal check slip issued by the respondent, dated 28.08.2026, is hereby set aside. The petitioners are directed to re-present the document before the respondent, and upon such re-presentation, the document shall be processed, if it is otherwise in order. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Nsr To: The Sub-Registrar Manamadurai Sub-registrar Office, Manamadurai, Sivagangai District.Sivagangai
WP(MD) No. 29386 of 2026 K.KUMARESH BABU, J. Nsr WP(MD) No. 29386 of 2026 12-10-2026