S.Thandapani v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 8189 of 2026 AND WMP NO. 8874 OF 2026
1. S.Thandapani 2.A.Baskaran Petitioner(s) Vs
1. The Sub Registrar Chennai Central Joint-II Officer, Thousand Light, No.5/9, Kavignar Bharathidasan Road, Alwarpet, Chennai 600018 2.The District Registrar Chennai Central District Registrar Office, No.182, Bharati Salai (Pycrafts Road), Royapettah, Chennai 600014 3.The Commissioner HIndu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Raod, Nungambakkam, Chennai 600034.
4.The Joint Commissioner Chennai Zonal-II (Formerly Zonal-I), Hindu Religious and Charitable Endowments Department, No.209, Jawaharlal Nehru 100 Feet Road, Arumbakkam, Chennai 600106.
5.The Executive Offier Arulmighu Agasheeswarar Prasanna Venkatesa Perumal Temple, Nungambakkam, Chennai 600034.
6.The Tahsildar Egmore Tahsildar Office, No.88, Mayor Ramanathan Salai, Chetpet, Chennai 600031.
Respondent(s) PRAYER To Issue a Writ of Certiorarified Mandamus or any other appropriate Writ or direction to call for the records on the file of the 1st respondent in refusal no.RFL/Chennai Central Joint-II/03/2026 and RFL/Chennai Central Joint-II/4/2026 both dated 02.02.2026 and to quash the same as illegal unconstitutional and without jurisdiction and to further, direct the 1st respondent to register the Settlement Deed, General Power of Attorney Deed dated 02.02.2026 and any other future documents and consequently to direct the 6th respondent to make necessary changes in the Town Survey Patta and further to the direct the 3rd and 4th respondent to consider the 1st petitioners representation dated 23.07.2025 and 24.07.2025 respectively, for issuance of NOC within a time frame fixed by the Honble Court in respect of the property land and premises comprised in Old.S.No.160 (Part), R.S.No.466/2 Par, Block No.28, T.S.NO.466/2, admeasuring a total extent of 4,800 square feet, bearing Door No.17/111, Tank Bund Road, Nungambakkam, Chennai - 600 034. For Petitioners:
Mr.V.Raghavachari, Senior Counsel for Mr.D.Arun, M.Vibitha Mr.N.Mohan Nivas For Respondents:
Ms.Ashwini Devi, AGP For R1, R2 and R6 Mr.Arun Natarajan, SGP For R3 to R5
ORDER
WMP. No.8874 of 2026 is ordered subject to the payment of separate court fee.
2.This writ petition has been filed, challenging the impugned refusal check slip dated 02.02.2026 issued by the first respondent, refusing to register the Settlement Deed and the General Power of Attorney dated 02.02.2026, presented by the petitioners for registration. 3.According to the petitioners, arbitrarily and illegally and by total nonapplication of mind to the documents produced by the petitioners, which according to the petitioners, establish their ownership, the first respondent has issued the impugned refusal check slip, refusing to register the Settlement Deed and the General Power of Attorney dated 02.02.2026, presented by the petitioners for registration.
4.Ms.Ashwini Devi, learned Additional Government Pleader accepts notice on behalf of respondents 1, 2 and 6. Mr.Arun Natarajan, learned Special Government Pleader accepts notice on behalf of respondents 3 to 5. 5.Based on a communication received by the fifth respondent temple, the first respondent has refused to register the Settlement Deed and the General
Power of Attorney dated 02.02.2026, presented by the petitioners for registration. As seen from the said communication sent by the fifth respondent temple to the registration department, the fifth respondent temple claims ownership of the property, which is the subject matter of the Settlement Deed and the General Power of Attorney dated 02.02.2026, presented by the petitioners for registration.
6.Learned Senior Counsel appearing for the petitioners would submit that the petitioners are the absolute owners of the property and they had produced all the title deeds and relevant documents before the first respondent at the time of presentation of the Settlement Deed and the General Power of Attorney dated 02.02.2026. Ignoring the same, based on a communication alleged to have sent by the fifth respondent temple, the first respondent, by total non-application of mind and in violation of principles of natural justice, has issued the impugned refusal check slip dated 02.02.2026.
7.Learned Special Government Pleader appearing for respondents 3 to 5 on instructions would submit that since the fifth respondent temple claims ownership of the property, the impugned refusal check slip dated 02.02.2026 was issued by the first respondent.
8.This Court has perused and examined the impugned refusal check slip dated 02.02.2026. As seen from the same, no opportunity of hearing was granted to the petitioners by the first respondent before issuing the impugned refusal check slip dated 02.02.2026. The supporting documents produced by the petitioners along with this writ petition, which were also produced by them before the first respondent, which according to the petitioners establish their title over the property, have not been considered in the impugned refusal check slip dated 02.02.2026.
9.This Court is not expressing any opinion on the merits of the respective contentions.
10.Since the impugned refusal check slip dated 02.02.2026 has been passed in violation of principles of natural justice as no opportunity of hearing was granted to the petitioners by the first respondent and since the impugned refusal check slip dated 02.02.2026 has not given due consideration to the supporting documents produced by the petitioners to establish their ownership and is a non-speaking order with regard to the same, this Court has to necessarily quash the impugned refusal check slip dated 02.02.2026 issued by the first respondent and remand the matter back to the first respondent for fresh consideration, on merits and in accordance with law.
11.Accordingly, this writ petition is disposed of by quashing the impugned refusal check slip dated 02.02.2026 issued by the first respondent and remanding the matter back to the first respondent for fresh consideration, on merits and in accordance with law. The petitioners shall submit a written explanation to the first respondent stating as to how the petitioners claim title over the property and stating as to how there is no legal prohibition for the first respondent to refuse registration of the Settlement Deed and the General Power of Attorney dated 02.02.2026, presented by the petitioners for registration, within a period of two weeks from the date of receipt of a copy of this order.
On receipt of the said written explanation, the first respondent shall take a final decision with regard to the registration of the Settlement Deed and the General Power of Attorney dated 02.02.2026, presented by the petitioners for registration, after giving due consideration to the objections raised by respondents 4 and 5 and after giving due consideration to the supporting documents produced by the petitioners, within a period of 4 weeks thereafter. No costs.
09-03-2026 vga
To 1.The Sub Registrar Chennai Central Joint-II Officer, Thousand Light, No.5/9, Kavignar Bharathidasan Road, Alwarpet, Chennai 600018 2.The District Registrar Chennai Central District Registrar Office, No.182, Bharati Salai (Pycrafts Road), Royapettah, Chennai 600014 3.The Commissioner HIndu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Raod, Nungambakkam, Chennai 600034.
4.The Joint Commissioner Chennai Zonal-II (Formerly Zonal-I), Hindu Religious and Charitable Endowments Department, No.209, Jawaharlal Nehru 100 Feet Road, Arumbakkam, Chennai 600106.
5.The Executive Offier Arulmighu Agasheeswarar Prasanna Venkatesa Perumal Temple, Nungambakkam, Chennai 600034.
6.The Tahsildar Egmore Tahsildar Office, No.88, Mayor Ramanathan Salai, Chetpet, Chennai 600031.
ABDUL QUDDHOSE J.
vga AND WMP NO. 8874 OF 2026 09-03-2026