S.Johnson v. The Joint Sub Registrar No.Ii
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2026 CORAM :
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE 1.S.Johnson 2.J.Persiya Lythia ... Petitioners Vs.
1.The Joint Sub Registrar No.II, Office of the Sub Registrar, Tirupur.
2.Arulmigu Visweshwaraswami and Veeraraghava Perumal Temple, Represented by its Executive Officer, Tiruppur District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned Refusal Check Slip having Reference No.RFL/Joint Sub Registrar No.II Tiruppur/35/2025 dated 26.11.2025 on the file of 1st respondent and quash the same and consequently direct the 1st respondent to register the Memorandum of Deposit of Title Deeds dated 03.11.2025 presented by the writ petitioners for registration and release the document to the writ petitioners within the time frame to be stipulated by this Court.
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For Petitioners : Mr.R.Bharath Kumar For Respondents : Mr.U.Baranidharan Special Government Pleader [R1] Mr.K.Karthikeyan Government Advocate [R2] *****
ORDER
This Writ Petition has been filed challenging the impugned refusal check slip, dated 26.11.2025 issued by the 1st respondent, refusing to register the Memorandum of Deposit of Title Deeds dated 03.11.2025 presented by the petitioners for registration on the ground that a communication has been received from the 2nd respondent to the 1st respondent requesting the 1st respondent not to register any document pertaining to the property, which is also the subject matter of Memorandum of Deposit of Title deeds, dated 03.11.2025 presented by the petitioners for registration.
2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the 1st respondent and Mr.K.Karthikeyan, learned Government Advocate, accepts notice on behalf of the 2nd respondent.
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3. The petitioners have challenged the impugned refusal check slip, dated 26.11.2025 on the ground of violation of the principles of natural justice and on the ground that by total non-application of mind to the fact that the dispute between the 2nd respondent and the petitioners' vendor having attained finality in favour of the petitioners' vendor, the impugned refusal check slip has been issued by the 1st respondent. The petitioners have also filed supporting documents along with this writ petition to substantiate the petitioners' case. This Court is not expressing any opinion on the merits of the same.
4. Admittedly, no opportunity of hearing was granted to the petitioners by the 1st respondent before issuing the impugned refusal check slip, dated 26.11.2025. The contentions of the petitioners as raised in this writ petition have also not been considered in the impugned refusal check slip, dated 26.11.2025. Being an order passed in violation of the principles of natural justice, and being a non-speaking order with regard to the contentions of the petitioners as raised in this writ petition, this Court is of the considered view that the impugned refusal check slip has Page No.3 of 7
to be quashed and the matter has to be remanded back to the 1st respondent for fresh consideration on merits and in accordance with law.
5. Accordingly, the impugned refusal check slip, dated 26.11.2025 passed 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, within a time frame to be fixed by this Court. The petitioners shall submit a written explanation to the 1st respondent stating as to how there is no prohibition for the 1st respondent to register the Memorandum of Deposit of Title deeds dated 03.11.2025 presented by the petitioners for registration, within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the said written explanation from the petitioners within the stipulated time, the 1st respondent shall take a final decision as to whether the petitioners' Memorandum of Deposit of Title Deeds, dated 03.11.
2025 presented by the petitioners can be registered or not, after hearing all the neessary parties and after giving due consideration to the contentions of the petitioners as well as the supporting documents produced by the petitioners as well as the objections raised by the 2nd respondent, and shall Page No.
pass a speaking order, within a period of four (4) weeks from the date of the written explanation from the petitioners.
6. With the above directions, this Writ Petition is disposed of. No costs.
09.03.2026 Index : Yes / No (2/2) Speaking order / Non-speaking order sp To 1.The Joint Sub Registrar No.II, Office of the Sub Registrar, Tirupur.
2.The Executive Officer, Arulmigu Visweshwaraswami and Veeraraghava Perumal Temple, Tiruppur District.
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ABDUL QUDDHOSE, J.
sp 09.03.2026 (2/2) Page No.6 of 7
W.M.P.No.8742 of 2026 in ABDUL QUDDHOSE, J.
Ordered on payment of single court fee.
09.03.2026 sp (1⁄2) Page No.7 of 7