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Madras High CourtWP/6713/2026disposed of

Sivaswamy v. The Sub Registrar

2026-03-11Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2026 Coram THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE & W.M.P.No.7292 of 2026 1.Sivaswamy 2.Mahalakshmi .. Petitioners Vs.

The Sub-Registrar, Sunguvarchatram Sub-Registrar Office, Sriperumbudur Taluk, Kanchipuram - 602 106.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned action of the respondent, namely the Sub Registrar, Sunguvarchathiram Sub Registrar office, Sriperumbudur Taluk Kanchipuram District -602 106 culminating in the issuance of Refusal Check Slip No.RFL/SUNGUVARCHATHIRAM/03/2026 relating to Token No.TP/245909285/2026 and Refusal check Slip No.RFL/ SUNGUVARCHTHIRAM/2026 relating to Token No.TP/245907112/2026 both dated 28.01.2026 whereby the respondent refused to accept and register the Sale Deeds presented by the petitioners in respect of Plot No.202 1/6

measuring an extent of 17.24 cents, equivalent to 7500.24 square feet (approx.) comprised in survey No.162/4 as per new Patta No.929, the survey number subdivided as 162/4C situated in the approved layout known as Anbhav Green Farms and Amp Resorts (P) Ltd, (formerly Anubhava Garden layout) at Podavur Village, Sriperumbudur Taluk, Kanchipuram District, and quash the same as arbitrary and unsustainable in law and on facts, and consequently, direct the respondent to accept and register the said Sale Deeds on the basis of the documents produced by the petitioners, including the order of this Hon'ble Court dated 09.04.2008 made in COMP APPLN. No 1028 of 2008, along with other supporting records. For Petitioners :

Mr.R.Parasuraman For Respondent :

Mr.U.Baranidharan Special Government Pleader *****

ORDER

W.M.P.No.7292 of 2026 filed seeking permission for the petitioners to join together and file a single writ petition is ordered on payment of separate court fee.

2. This writ petition has been filed challenging the impugned refusal check slip dated 28.01.2026 issued by the respondent refusing to register the two sale deeds presented by the petitioners for registration on the ground 2/6

that the petitioners have not produced the original parent documents. The petitioners have categorically contended that the parent documents have been destroyed by fire and not available with them. The petitioners also claim that patta stands in their name for the property. By virtue of an auction sale conducted by this Court in Company Petition No.13 of 2000, the petitioners became the owner of the property. The petitioners have now decided to sell the same and had presented the sale deeds for registration. However, the same has been refused by the respondent under the impugned refusal check slip.

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

4. As seen from the impugned refusal check slip, the petitioners were not afforded of any opportunity of hearing prior to the passing of the impugned order. Neither the petitioners' contentions nor the supporting documents produced by them were considered in the impugned order. Being a non-speaking order with regard to the petitioners' contentions and the supporting documents produced by them and an order passed in violation of 3/6

the principles of natural justice, this Court is of the considered view that the impugned refusal check slip dated 28.01.2026 issued by the respondent has to be quashed and the matter has to be remanded back to the respondent for fresh consideration on merits and in accordance with law.

5. Accordingly, this writ petition is disposed of in the following manner:- (a) The impugned refusal check slip dated 28.01.2026 is quashed by this Court and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law. (b) The petitioners shall submit a written explanation to the respondent within a period of two (2) weeks form the date of receipt of a copy of this order, as to why the respondent has to accept the registration of the sale deed presented by the petitioners for registration, along with supporting documents. (c) On receipt of the same within the time stipulated, the respondent, after giving due consideration to the written explanation submitted by the petitioners along with supporting documents, shall take a final decision with regard to registration of the sale deed presented 4/6

by the petitioners, on merits and in accordance with law, within a period of six weeks thereafter.

(d) If the respondent decides to refuse to register the sale deed, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioners and the supporting documents produced by him.

No costs.

11.03.2026 Index: Yes/No NCC:Yes/No Speaking Order/Non-speaking Order gm To The Sub-Registrar, Sunguvarchatram Sub-Registrar Office, Sriperumbudur Taluk, Kanchipuram - 602 106.

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ABDUL QUDDHOSE, J gm 11.03.2026 6/6