Chikkanna v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

1. Chikkanna s/o. Devappa, No. 120/2 Bairakanapali villgage, CR Palayam, Kuppatti Panchayath, Denkanikotta Talukm Krishnagiri district Petitioner(s) Vs

1. The Sub Registrar Office of the Sub Registrar, Denkanikottai, Krishnagiri district Respondent(s) PRAYER Calling for the records relating to the impugned proceeding vide RFL/ Thenkanikottai/ 56/ 2025 dated 19.12.2025 on the file of the respondent herein, quash the same and consequently direct the respondent to register the Gift Settlement deed dated 29.11.2025 presented by the petitioner for registration and release the document to the petitioner within a time period to be stipulated by this Honble court For Petitioner(s):

Mr.K.Rajkumar for Mr.R.Bharath Kumar For Respondent(s):

Mr.Jayachandran Govt Advocate For Respondent

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 19.12.2025 issued by the respondent refusing to register the sale deed presented by the petitioner for registration on the ground that the power of attorney based on which the petitioner seeks to register the sale deed does not contain the schedule of the property.

2. The petitioner has challenged the impugned refusal check slip on the ground of violation of the principles of natural justice and on the ground that it is a non-speaking order. The petitioner also categorically contends that the executant of the document presented for registration is legally empowered to execute the said document.

3. Mr. Jaya Chandran, learned Government Advocate accepts notice on behalf of the respondent.

4. As seen from the impugned refusal check slip, the petitioner was not afforded of any opportunity of hearing prior to the passing of the impugned order. Neither the petitioner's contentions nor the supporting documents produced by him were considered in the impugned order. Being a non-speaking order with regard to the petitioner's contentions and the supporting documents produced by him, and an order passed in violation of the principles of natural justice, this Court is of the considered view that the impugned refusal check slip dated 19.12.2025 issued by the respondent has to be quashed and the matter 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 19.12.2025 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 petitioner shall submit a written explanation to the respondent within a period of two 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 petitioner 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 petitioner along with supporting documents, shall take a final decision with regard to registration of the sale deed presented by the petitioner, 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 petitioner

and the supporting documents produced by him. 11-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab

To 1.The Sub Registrar Office of the Sub Registrar, Denkanikottai, Krishnagiri district

ABDUL QUDDHOSE J.

ab 11-03-2026