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Madras High CourtWP/11869/2026disposed of

Jegan v. The Sub Register

2026-04-06Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.No.12959 of 2026

1. Jegan S/o.Chandran

2. Noor Muhammed S/o.Abdul Hameed

3. Abdul Khadar S/o.Khadar ..Petitioners Vs 1.The Sub Registrar, Chengam, Tiruvannamalai.

2.The District Registrar, Tiruvannamalai District.

..Respondents [R2 suo motu impleaded as per order of this Court dated 06.04.2026] Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to consider and pass appropriate orders based on the petitioner's representation dated 07.09.2025 requesting the respondent to register the document. For Petitioners :

Mr.M.J. Sundar For Respondents :

Ms.A.Bakkiyalakshmi Government Advocate *****

ORDER

W.M.P.No.12959 of 2026 filed seeking for permission to the petitioners to file a single writ petition, is ordered on payment of separate Court fee.

2. This writ petition has been filed seeking for a direction to the respondents to register the sale deed presented by the petitioner for registration.

3. Admittedly, the request of the petitioner has already been rejected by the first respondent through a refusal order dated 09.09.2025, which is a speaking order. Since the request of the petitioner has already been rejected by the first respondent through a speaking order, the petitioner, if aggrieved by the same, will have to file a statutory appeal before the competent appellate authority. Only in cases where an order has been passed in violation of the principles of natural justice and is a non-speaking order, a writ petition is maintainable.

4. Learned counsel for the petitioner, on instructions, would submit that the petitioner is now willing to prefer a statutory appeal as against the order dated 09.09.2025 passed by the first respondent refusing to register the sale deed presented by the petitioner for registration.

5. The competent appellate authority to entertain the petitioner's appeal is the District Registrar, Tiruvannamalai District. Since the District Registrar, Tiruvannamalai District, has not been arrayed as a party respondent in this writ petition, this Court, by exercising its suo motu power impleads the District Registrar, Tiruvannamalai District, as party second respondent in this writ petition.

6. Ms.A.Bakkiyalakshmi, learned Government Advocate, accepts notice for the second respondent.

7. Registry is directed to carry out necessary amendment in all the concerned records.

8. In terms of the submission made by the learned counsel for the petitioner, this Court directs the petitioner to file the statutory appeal as against the order dated 09.09.2025 passed by the first respondent before the second respondent within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall dispose of the appeal on merits and in accordance with law and by adhering to the principles of natural justice as expeditiously as possible.

ABDUL QUDDHOSE, J.

gm This writ petition is disposed of with the above directions. No costs. 06-04-2026 Index: Yes/No Speaking/Non-speaking order gm To 1.The Sub Registrar, Chengam, Tiruvannamalai.

2.The District Registrar, Tiruvannamalai District.

Writ Petition No. 11869 of 2026