Devendiran vs the Sub Registrar - Court Judgment

SooperKanoon Citationsooperkanoon.com/1432422
CourtChennai High Court
Decided OnApr-08-2026
Case NumberWP/13109/2026
JudgeHonourable Mr Justice Abdul Quddhose
AppellantDevendiran
RespondentThe Sub Registrar
Excerpt:
in the high court of judicature at madrasdated : 08.04.2026coram :the hon'ble mr. justice abdul quddhosedevendiran ... petitioner vs. west salem, salem district. ... respondent prayer : writ petition filed under article 226 of the constitution of india praying for issuance of writ of certiorarified mandamus, calling for the records of the 1st respondent in relates to refusal check slip number rfl/no.3 joint sub registrar west salem/22/2026 dated on 13.02.2026 and quash the same in the light of judgment in 2023 1 cwc 533 and direct the respondent to registrar the sale deed. for petitioner : mr.j.franklin for respondent : mr.u.baranidharan special government pleader *****orderthis writ petition has been filed challenging the impugned refusal check slip, dated 13.02.2026 issued by the respondent refusing to register the sale deed presented by the petitioner for registration on the ground that the petitioner has produced the original parent document. page no.1 of 42. mr.u.baranidharan, learned special government pleader, accepts notice on behalf of the respondent.3. according to the petitioner, the original parent document ismissing/mis-placed. the petitioner contends that he has already given a police complaint seeking issuance of non-traceable certitificate, but the said certificate is yet to be issued.4. as seen from the third proviso to section 34-c of the registrationact, which was recently inserted by the legislature in january 2026, the petitioner will have to produce the original parent document or in the alternative produce the non-traceable certificate. in view of the same, without production of the said certificate, this court cannot direct the registration department to register the sale deed presented by the petitioner for registration.5. learned counsel for the petitioner, on instructions, would now submit that the petitioner is willing to obtain the non-traceable certificate from the police department in respect of the lost/mis-placed parent document. page no.2 of 46. in view of the undertaking given by the petitioner, this court directsthe respondent to register the sale deed presented by the petitioner for registration on production of the non-traceable certificate in respect of the parent document, which has been lost/mis-placed by the petitioner. on production of the non-traceable certificate, the respondent is directed to register the sale deed presented by the petitioner, if the same is otherwise inorder and on payment on requisite stamp duty and registration fees, within aperiod of two (2) weeks from the date of re-presentation of the sale deed and on production of non-traceable certificate for the parent document.7. with the aforesaid direction, this writ petition is disposed of. no costs. index : yes / nospeaking order / non-speaking orderneutral citation case : yes/no sp to west salem, salem district. page no.3 of 4abdul quddhose, j.sp page no.4 of 4
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2026

CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

Devendiran ... Petitioner Vs. West Salem, Salem District. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the 1st Respondent in relates to refusal check slip Number RFL/No.3 joint sub Registrar west Salem/22/2026 dated on 13.02.2026 and quash the same in the light of judgment in 2023 1 CWC 533 and direct the Respondent to Registrar the sale deed. For Petitioner : Mr.J.Franklin For Respondent : Mr.U.Baranidharan Special Government Pleader *****

ORDER

This Writ Petition has been filed challenging the impugned refusal check slip, dated 13.02.2026 issued by the respondent refusing to register the sale deed presented by the petitioner for registration on the ground that the petitioner has produced the original parent document. Page No.1 of 4

2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondent.

3. According to the petitioner, the original parent document is

missing/mis-placed. The petitioner contends that he has already given a police complaint seeking issuance of Non-Traceable Certitificate, but the said certificate is yet to be issued.

4. As seen from the third proviso to Section 34-C of the Registration

Act, which was recently inserted by the legislature in January 2026, the petitioner will have to produce the original parent document or in the alternative produce the Non-Traceable Certificate. In view of the same, without production of the said certificate, this Court cannot direct the registration department to register the sale deed presented by the petitioner for registration.

5. Learned counsel for the petitioner, on instructions, would now submit that the petitioner is willing to obtain the Non-Traceable Certificate from the police department in respect of the lost/mis-placed parent document. Page No.2 of 4

6. In view of the undertaking given by the petitioner, this Court directs

the respondent to register the sale deed presented by the petitioner for registration on production of the Non-Traceable Certificate in respect of the parent document, which has been lost/mis-placed by the petitioner. On production of the Non-Traceable Certificate, the respondent is directed to register the sale deed presented by the petitioner, if the same is otherwise in

order and on payment on requisite stamp duty and registration fees, within a

period of two (2) weeks from the date of re-presentation of the sale deed and on production of Non-Traceable Certificate for the parent document.

7. With the aforesaid direction, this Writ Petition is disposed of. No costs. Index : Yes / No

Speaking order / Non-speaking order

Neutral Citation Case : Yes/No sp To West Salem, Salem District. Page No.3 of 4

ABDUL QUDDHOSE, J.

sp Page No.4 of 4