Madras High CourtWP/7593/2026disposed of

Annapoorni v. The Sub Registrar

2026-03-04Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 7593 of 2026 AND WMP NO. 8211 OF 2026 Annapoorni Petitioner(s) Vs

1. The Sub Registrar Sankagiri Sub Registration Office, Sankagiri, Salem District.

2.Sivakumar 3.The District Registrar, Salem West.

(R3 suo motu impleaded by this Court vide order dated 04.03.2026 by AQJ) Respondent(s) PRAYER calling to the entire records relating to the impugned order dated 04.02.2026 passed by the 1st respondent in pending Document No.67/2025 and quash the same and direct the 1st respondent to Register the settlement deed dated 01.12.2025 of the petitioner herein within the time limit fixed by this Honourable Court.

For Petitioner(s):

Mr.L.Mouli For Respondent(s):

Mr.P.Harish, Govt Advocate for R1 & R3 Notice dispensed with for R2

ORDER

This writ petition has been filed, challenging the impugned order dated 04.02.2026 passed by the first respondent refusing to register the settlement deed, presented by the petitioner for registration. 2.Mr.P.Harish, learned Government Advocate accepts notice on behalf of R1 and R3. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with by this Court. 3.Admittedly, the impugned order is a speaking order and the petitioner also participated in the impugned proceedings. In view of the same, necessarily the only remedy available to the petitioner is to file a statutory appeal if aggrieved by the impugned order, under Section 72 of the Registration Act before the competent appellate authority.

4.This Court has expressed the said view to the learned counsel for the petitioner, who has now made an endorsement in the Court bundle, on instructions that the petitioner is willing to file a statutory appeal. He also seeks for a direction from this Court to the statutory appellate authority to dispose of the appeal, within a time frame to be fixed by this Court.

5.No prejudice would be caused to the official respondents if such a direction is issued. The competent appellate authority to entertain the petitioner's appeal is the District Registrar, Salem West. Since the District Registrar, Salem West is not arrayed as a party respondent in this writ petition, the District Registrar Salem West is suo motu impleaded as party third respondent in this writ petition. Registry is directed to carry out the necessary amendment.

6.Accordingly, in terms of the endorsement made by the learned counsel for the petitioner, this writ petition is disposed of by directing the petitioner to file a statutory appeal, if aggrieved by the impugned order passed by the first respondent dated 04.02.2026, within a period of 15 days from the date of receipt of a copy of this order before the newly impleaded third respondent. On receipt of the said appeal from the petitioner within the stipulated time, the newly impleaded third respondent shall pass final orders, on merits and in accordance with law on the petitioner's appeal, after hearing the objections of the second respondent and by adhering to the principles of natural justice, within a period of four weeks thereafter. Consequently, connected WMP is closed. No costs. 04-03-2026 vga

To 1.The Sub Registrar Sankagiri Sub Registration Office, Sankagiri, Salem District.

2.The District Registrar, Salem West.

ABDUL QUDDHOSE J.

vga AND WMP NO. 8211 OF 04-03-2026