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Madras High CourtWP/7292/2026disposed of

Rasulappan A v. The Sub-Registrar

2026-03-04Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Rasulappan A S/o.Abdul Rahman, No.13, Old Santhapettai, Mettupalayam, Coimbatore - 641 301.

..Petitioner(s) Vs

1. The Sub-Registrar Mettupalayam Sub-Register Office, Mettupalayam.

2. Rangammal W/o.Thimma Naicker,

3. Chinnammal T, W/o.Thimma Naicker,

4. Selvam T, S/o.Thimma Naicker,

5. Thirumoorthy T, S/o.Thimma Naicker, 2 to 5 all are residing in the same address, Mallanaickenur, Ukkadam Village, Sathyamangalam Taluk, Erode District.

..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the 1st respondent in proceedings refusal check slip No.RFL/Mettupalayam/05/2026 dated 07.01.2026 presented by petitioner and quash the same as illegal, incompetent and without jurisdiction and further,

direct the 1st respondent to register the Sale Deed dated 07.01.2026 presented by the petitioner, within a stipulated time.

For Petitioner(s):

Mr.A.Arun Kumar For Respondent(s):

Mr.U.Baranidharan, Special Government Pleader (For R1)

O R D E R

This Writ Petition has been filed challenging the impugned refusal check slip dated 07.01.2026 issued by the 1st respondent, refusing to register the sale deed presented by the petitioner for registration. 2.The reason for refusal given by the 1st respondent are as follows:- (a)Civil Suit is pending between the petitioner and the respondents 2 to 5. (b)A protest petition has been lodged by the respondents 2 to 5 requesting the 1st respondent not to register any documents presented by the petitioner for registration.

3.The learned counsel for the petitioner submits that there is no interim injunction granted in favour of the respondents 2 to 5 in the Civil Suit filed by him and therefore, there is no prohibition for the 1st respondent to register the sale deed presented by the petitioner for registration.

4.No prejudice would be caused to the respondents if the matter is remanded back to the 1st respondent for fresh consideration on merits and in accordance with law, after hearing the objections of the respondents 2 to 5 and any other third party, whom the 1st respondent deem fit to enquire, with regard to proposal of the petitioner to register the sale deed presented by him for registration. This Court is not expressing any opinion on the merits of their respective contentions.

5.Admittedly, the respondents 2 to 5 were not put on notice by the 1st respondent before issuing the impugned refusal check slip refusing to register the sale deed presented by the petitioner for registration. The petitioner also categorically contends before this Court that there is no interim injunction granted by the Civil Court in favour of the respondents 2 to 5 to prevent the 1st respondent from registering the sale deed presented by the petitioner for registration.

6.After giving due consideration for the aforementioned factors in the interest of justice, this Court deems it fit to quash the impugned refusal check slip dated 07.01.2026 and remand the matter back to the very same respondents for fresh consideration on merits and in accordance with law, after granting opportunity of hearing to the petitioner as well as the respondents 2 to 5.

7.Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the 1st respondent. Since no adverse orders are passed in this Writ Petition against the respondents 2 to 5, notice to the respondents 2 to 5 is disposed with by this Court.

8.For the foregoing reasons, the impugned refusal check slip dated 07.01.2026 issued by the 1st respondent is hereby quashed and the matter is remanded back to the 1st respondent for fresh consideration on merits and in accordance with law. The 1st respondent shall issue notice both to the petitioner as well as the respondents 2 to 5 and any other third party whom the 1st respondent deem fit to enquire and after hearing their respective contentions and after giving due consideration to the supporting documents produced by them, shall take a final decision with regard to registration of the sale deed dated 07.01.2026 presented by the petitioner for registration. The aforesaid exercise shall be completed by the 1st respondent within a period of twelve weeks from the date of receipt of a copy of this order.

9.With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

04-03-2026 Index: Yes/No GSA

To The Sub-Registrar Mettupalayam Sub-Register Office, Mettupalayam.

ABDUL QUDDHOSE, J.

GSA 04-03-2026