Madras High CourtWP/11271/2026disposed of

Paramasivam, v. Joint Ii Registrar

2026-03-30Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

1. Paramasivam, Petitioner(s) Vs

1. Joint II Registrar Office of the Joint Sub- Registrar, Tiruvallur, 184/12G, S P Nagar, Pungathur, State Highway 50, Sp Nagar, Tiruvallur-602 001.

Respondent(s) PRAYER To call for the records of the Respondent relating to the Refusal Check Slip bearing Refusal Number.RFL/ 2, Joint Registrar, Tiruvallur / 27/ 2025, dated 12.09.2025, issued by the respondent and quash the same and direct the respondent to register the settlement dated 12.09.2025, presented for registration by the petitioner after completing all the formalities of the registration. For Petitioner(s):

Mr.J.Suresh For Respondent(s):

Mr.U.Baranidharan,SGP For Respondent

ORDER

This writ petition has been filed, challenging the impugned refusal check slip dated 12.09.2025 issued by the respondent, refusing to register the

settlement deed presented by the petitioner for registration on the following grounds:

a) The property, which is the subject matter of the settlement deed is classified as a waterbody;

b) The index is not properly entered by the petitioner; c) The impugned refusal check slip dated 12.09.2025 is a non speaking order with regard to the contentions of the petitioner; d) The impugned order has been passed in violation of the principles of natural justice as the petitioner was not afforded any opportunity of hearing prior to the passing of the impugned refusal check slip dated 12.09.2025.

2. The learned counsel for the petitioner categorically contends before this Court that despite production of the patta, the respondent has refused to register the settlement deed presented by the petitioner for registration. A copy of the same has also been filed along with this writ petition.

3. As seen from the impugned refusal check slip dated 12.09.2025, the petitioner's contentions as raised in this writ petition along with the petitioner's supporting documents have not been considered by the respondent. The petitioner was also not afforded any opportunity of hearing by the respondent prior to passing of the impugned refusal check slip dated 12.09.2025.

4. The learned Special Government Pleader appearing for the respondent also submits that the patta produced by the petitioner will be verified by the jurisdictional Tahsildar as to its genuineness and thereafter, final orders will be passed by the respondent, pursuant to the order of remand passed by this Court.

5. Since the impugned refusal check slip dated 12.09.2025 is a nonspeaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned refusal check slip dated 12.09.2025 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.

6. Accordingly, the impugned refusal check slip dated 12.09.2025 issued by the respondent is hereby quashed and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the respondent along with supporting documents, stating as to how there is no legal impediment for the respondent to register the settlement deed presented by the petitioner within a period of one week from the date of receipt of a copy of this order. On receipt of the same, within the stipulated time, the respondent after verifying the genuineness of the patta produced by the petitioner with the jurisdictional Tahsildar, and after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the

petitioner, shall take a final decision as to whether the settlement deed can be registered or not within a period of four weeks thereafter.

7. In case, the respondent decides to refuse registration of the settlement deed presented by the petitioner, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by the petitioner.

8. With the aforesaid directions, this writ petition is disposed of. No Costs.

30-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab

To 1.Joint II Registrar Office of the Joint Sub- Registrar, Tiruvallur, 184/12G, S P Nagar, Pungathur, State Highway 50, Sp Nagar, Tiruvallur-602 001.

ABDUL QUDDHOSE J.

ab 30-03-2026