Madras High Court

WP(MD)/30274/2026 of Paul Timothy Sahai Vs The District Registrar on 26 October 2026

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WP(MD) No. 30274 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26-10-2026

CORAM

THE HON'BLE MR JUSTICE K.KUMARESH BABU

WP(MD) No. 30274 of 2026

CNR:{HCMD011490232026}

Paul Timothy Sahai

..Petitioner

Vs

1. The District Registrar,

O/o District Registrar

Pudukkottai

Pudukkottai District.

2. The Sub Registrar

O/o Sub Registrar Office

Illuppur

Pudukkottai District.

..Respondents

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned refusal check slip issued by the 2nd respondent herein in his proceedings in Refusal Number:R.F.L/

Illupur/103/2026, dated 17.09.2026 and quash the same as illegal and consequently direct the 2nd respondent to register the document presented by the petitioner with TP/308477284/2026, dated 17.09.2026 and to pass such further or other orders as this Court.

For Petitioner:

Mr.S.Sarvagan Prabhu

For Respondents:

Mr.I.Pinaygash

Special Government Pleader

__________

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WP(MD) No. 30274 of 2026

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ORDER

Heard learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

2. The present writ petition had been filed seeking for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned refusal check slip issued by the 2nd respondent herein in his proceedings in Refusal Number:R.F.L/Illupur/103/2026, dated 17.09.2026 and quash the same as illegal and consequently direct the 2nd respondent to register the document presented by the petitioner with TP/308477284/2026, dated 17.09.2026.

3. The learned Special Government Pleader appearing for the respondents on written instructions would submit that the document presented for registration by the respondents had been kept pending in view of the objection raised by the petitioner.

4. It has been repeatedly held by this Court that the registering authorities cannot adjudicate the claim of title raised by an objector in respect of a document presented for registration and can refuse registration only when there is a prohibitory order passed by a competent __________

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WP(MD) No. 30274 of 2026 Civil Court. In this regard, this Court, in W.P(MD)No.29718 of 2026, by order dated 15.10.2026, dismissed the writ petition, granting liberty to the petitioner therein to approach the Civil Court.

5. Contrary stands are being taken by the registering authorities in cases where objections are raised by third parties to the registration of documents. The reasons for adopting such contradictory stands, despite the orders passed by this Court, shock the conscience of the Court. Hence, this Court is of the view that appropriate directions should also be issued to the Inspector General of Registration to issue a circular prescribing the procedure to be followed by the registering authorities while dealing with objections raised by third parties claiming title to the property in respect of documents presented for registration.

6. Considering the fact that the petitioner has not approached the Civil Court and has approached this Court solely on the basis of the objection raised by him, this Court is of the view that the present writ petition seeking a direction to the respondents cannot be entertained in the absence of any prohibitory order restraining the second respondent from proceeding with the registration of the document presented before it. __________

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WP(MD) No. 30274 of 2026

7. Accordingly, the Writ Petition stands dismissed, granting liberty to the petitioner to approach the competent Civil Court for appropriate relief in respect of his grievance. There shall be no order as to costs.

8. In view of the observations made supra, the Inspector General of Registration, Santhome High Road, Chennai – 600 028, is directed to formulate a procedure for dealing with objections raised by third parties in respect of documents presented or to be presented for registration by taking into consideration of various judgments passed by this Court in that regard. The circular prescribing such procedure shall be issued as expeditiously as possible, and in any event, not later than four (4) weeks from the date of receipt of a copy of this order. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No BTR Note: Registry is directed to mark the copy of this order to the Inspector General of Registration, Santhome High Road, Chennai – 600 028, forthwith. __________

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WP(MD) No. 30274 of 2026 To

1. The District Registrar, O/o District Registrar Pudukkottai Pudukkottai District.

2. The Sub Registrar O/o Sub Registrar Office Illuppur Pudukkottai District. __________

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WP(MD) No. 30274 of 2026 K.KUMARESH BABU, J. BTR WP(MD) No. 30274 of 2026 26-10-2026 __________

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