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Madras High CourtWP/7895/2026disposed of

P.Padmanabhan v. The District Registrar

2026-03-04Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 8545 OF 2026

1. P.Padmanabhan 2.P.Premraj 3.P.Pratapraj Petitioner(s) Vs

1. The District Registrar North chennai Kuralagam, First floor N.S.C.Bose Road Esplanade, chennai-600 108 2.The Sub Registrar Chembium No.5, Paper Mills Road Near sembiam church sembiam Chennai-600 011 3.Sudhakar @ Neelamegam No.52/1, Bandar Garden Main road Perambur chennai-600 011 Respondent(s) PRAYER Calling for the records of the 2nd respondent herein , in relation to his proceedings bearing Refusal No.RFL/Sembium/2/2026 dated 11.2.2026 refusing to register the sale deed dated 4.2.2026 presented before him, quash the same with a consequential direction direction directing the 2nd respondent to register the sale deed dated 4.2.2026 For Petitioner(s):

Mr.G.RM.Palaniappan For Respondent(s):

Mr. U. Baranidharan, learned Special Government Pleader for R1 and R2

R3 - Notice discharge with.

ORDER

This writ petition has been filed, challenging the impugned refusal check slip dated 11.02.2026 issued by the second respondent refusing to register the sale deed dated 04.02.2026 presented by the petitioners for registration on the ground that Civil suits are pending for the very same property.

2. The petitioners have challenged the impugned refusal check slip on the ground of violation of principles of natural justice and also on the ground that by total non application of mind, the impugned refusal check slip has been issued. The petitioners categorically contend before this Court that they are the absolute owners of the property and therefore, they have got every right to sell the same. They have filed supporting documents along with this writ petition to substantiate their case that they are the absolute owners of the property. They also submit that the protest petition given by the third respondent is without any basis. They categorically contend that the third respondent does not have any right over the property, which is the subject matter of the sale deed presented for registration by the petitioners.

3. Mr. U. Baranidharan, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2. Admittedly, as seen from the impugned refusal check slip dated 11.02.2026, the petitioners were not afforded

any hearing, prior to the passing of the impugned refusal check slip dated 11.02.2026.

4. The contentions of the petitioners as raised in this writ petition as well as the supporting documents filed along with this writ petition to establish the petitioners' ownership of the property has also not been considered by the second respondent in the impugned refusal check slip dated 11.02.2026. Therefore, this Court is of the considered view that the impugned refusal check slip dated 11.02.2026 has been issued in violation of principles of natural justice and has been issued without giving due consideration to the contentions of the petitioners as well as the supporting documents produced by them.

5. For the foregoing reasons, in the interest of justice, this Court deems it fit to remand the matter back to the second respondent for fresh consideration on merits and in accordance with law after hearing the objections of the third respondent, who has filed a protest petition with regard to the registration of any document pertaining to the property, which is the subject matter of the sale deed dated 04.02.2026 presented by the petitioners for registration.

6. No prejudice will be caused to the third respondent if the matter is remanded back to the second respondent for fresh consideration after providing an opportunity of hearing to the petitioners as well as the third respondent to

raise their contentions and a final decision is directed to be taken by the second respondent after giving due consideration to the contentions of the respective parties and the supporting documents produced by both of them within a time frame to be fixed by this Court.

7. Accordingly, the impugned refusal check slip dated 11.02.2026 issued by the second respondent is hereby quashed and the matter is remanded back to the second respondent for fresh consideration on merits and in accordance with law. The petitioners shall submit a detailed explanation in writing to the second respondent as to how the sale deed will have to be accepted for registration along with supporting documents within a period of one week from the date of receipt of a copy of this order.

On receipt of the said written explanation from the petitioners, the second respondent shall issue notice of hearing to both the petitioners as well as the third respondent and conduct an enquiry and after giving due consideration to the respective contentions and the supporting documents produced by them, shall take a final decision as to whether the sale deed dated 04.02.2026 presented by the petitioner can be registered or not. The aforesaid exercise shall be completed by the second respondent within a period of six weeks from the date when the second respondent has received the written explanation from the petitioner as stated supra.

8. Accordingly, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is ordered subject to payment of single Court fee.

04-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The District Registrar North chennai Kuralagam, First floor N.S.C.Bose Road Esplanade, chennai-600 108 2.The Sub Registrar Chembium No.5, Paper Mills Road Near sembiam church sembiam Chennai-600 011

ABDUL QUDDHOSE J.

ab 04-03-2026 (2/2)