Vellaiya Gounder v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2026 CORAM :
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Vellaiya Gounder ... Petitioner Vs.
The Sub Registrar, Mohanur SRO, Mohanur, Namakkal District.
... Respondent 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 in RFL/Mohanur/30/2026 dated 05.02.2026 passed by the respondent to quash the same and consequently to direct the respondent to register the Settlement Deed dated 05.02.2026 executed by the petitioner in respect of the half share in the lands measuring 2.07 Acres (i.e., 1.03 1⁄2 Acres) 0.261⁄2 Acre (i.e., 0.131⁄4 Acre) and 0.05 Acre (i.e., 0.02.50 Acre) respectively comprised in S.Nos.482/2, 485/1B and 490/3C Kumaripalayam Village, Mohanur Taluk, Namakkal District. For Petitioner : Mr.R.T.Vishnu For Respondent : Mr.U.Baranidharan Special Government Pleader ***** Page No.1 of 6
ORDER
This Writ Petition has been filed challenging the impugned refusal check slip dated 05.02.2026 issued by the respondent refusing to register the settlement deed presented by the petitioner for registration on the ground that the petitioner has not established the title over the property, which is the subject of the settlement deed.
2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondent.
3. The petitioner has challenged the impugned refusal check slip on the ground of violation of the principles of natural justice, and on the ground that it is a non-speaking order. The petitioner also categorically contends that the executant of the document presented for registration is legally empowered to execute the said document.
4. As seen from the impugned refusal check slip, the petitioner was not afforded of any opportunity of hearing prior to the passing of the impugned order. Neither the petitioner's contentions nor the supporting documents produced by him were considered in the impugned order. Page No.2 of 6
Being a non-speaking order with regard to the petitioner's contentions and the supporting documents produced by him, 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 05.02.2026 issued by the respondent has to be quashed and the matter has to be remanded back to the respondent for fresh consideration on merits and in accordance with law.
5. Accordingly, this Court is inclined to dispose of this writ petition in the following manner:- (a) The impugned refusal check slip dated 05.02.2026 is quashed by this Court and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law. (b) The petitioner shall submit a written explanation to the respondent within a period of two
(2) weeks form the date of receipt of a copy of this order, as to why the respondent has to accept the registration of the settlement deed presented by the petitioner for registration, along with supporting documents.
(c) On receipt of the same within the time stipulated, the respondent, after giving due Page No.3 of 6
consideration to the written explanation submitted by the petitioner along with supporting documents, shall take a final decision with regard to registration of the settlement deed presented by the petitioner, on merits and in accordance with law, within a period of six weeks thereafter.
(d) If the respondent decides to refuse to register the sale deed, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by him.
6. In the above terms, this Writ Petition is disposed of. No costs. 11.03.2026 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To The Sub Registrar, Mohanur SRO, Mohanur, Namakkal District.
Page No.5 of 6
ABDUL QUDDHOSE, J.
sp 11.03.2026 Page No.6 of 6