← Library
Madras High CourtWP/8527/2026disposed of

Syed Ejas Ahmed v. The Sub Registrar

2026-03-09Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Syed Ejas Ahmed ..Petitioner(s) Vs

1. The Sub Registrar Joint SRO II, Krishnagiri Krishnagiri

2. Javed Ahmed ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the impugned order Refusal No.RFL/2/Joint Sub Registrar, Krishnagiri/12/2026 dated 06.02.2026 issued by the 1st respondent refusing to register the ratification deed and quash the same and consequently directing the 1st respondent to register the Ratification Deed presented for registration by the petitioner in respect of petitioner property situated in survey No.174/1C1 at Krishnapalli village, measuring an extent of 2004.75 square feet in accordance with law.

For Petitioner(s):

Mr.M.A.Arshad For Respondent(s):

Mr.U.Baranidharan,SGP (R1)

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 06.02.2026 issued by the first respondent refusing to register the ratification deed presented by the petitioner for registration on the ground that the second respondent has filed a protest petition opposing registration of any document pertaining to the property morefully disclosed in the prayer to this writ petition.

2. The petitioner claims that the second respondent, who has filed a protest petition, has no authority to oppose the registration of ratification deed presented by the petitioner. According to the petitioner, the second respondent was also not a party to the appeal suit in A.S.Nos.63 to 65 of 2017 pending before this Court.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the first respondent. Since no adverse orders are passed against the second respondent, notice to the second respondent in this writ petition is dispensed with.

4. As seen from the impugned refusal check slip, neither the petitioner nor the second respondent were heard before issuing the impugned refusal check slip. The contentions of the petitioner as raised in this writ petition as

well as the supporting documents produced by him were also not considered by the first respondent. Being a non-speaking order and an order passed in violation of the principles of natural justice, this Court is of the considered view that the impugned refusal check slip dated 06.02.2026 issued by the first respondent has to be quashed and the matter has to be remanded back to the first respondent for fresh consideration on merits and in accordance with law.

5. Accordingly, this writ petition is disposed of in the following manner:- (a) The impugned refusal check slip dated 06.02.2026 is quashed by this Court and the matter is remanded back to the first respondent for fresh consideration on merits and in accordance with law.

(b) The petitioner shall submit a written explanation to the first respondent within a period of two weeks form the date of receipt of a copy of this order, as to why the first respondent has to accept the registration of the ratification deed presented by the petitioner for registration, along with supporting documents. (c) On receipt of the same within the time stipulated, the first respondent, after hearing the objections of the second respondent and after giving due consideration to the supporting documents filed by the respective parties,

shall take a final decision with regard to registration of the ratification deed presented by the petitioner, within a period of six weeks thereafter.

(d) If the first respondent decides to refuse to register the ratification deed, the first respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by him.

No Costs.

09-03-2026 RKM To

1. The Sub Registrar Joint SRO II, Krishnagiri Krishnagiri

ABDUL QUDDHOSE, J.

RKM 09-03-2026