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Madras High CourtWP/10775/2026disposed of

Saraswathi v. The Joint Ii-Registrar

2026-03-25Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Saraswathi ..Petitioner(s) Vs The Joint II-Registrar office of the Joint Sub-Registrar Thiruvallur, 184/12G, S P Nagar, Pungathur, State Highway 50, Sp Nagar, Tiruvallur-602 001 ..Respondent(s) Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent relating to the Refusal Check Slip bearing Refusal Number RFL/2 Joint Registrar, Tiruvallur /26/2025 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.P.Harish, GA

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 petitioner has not produced online patta; and (b) the petitioner has not produced any parent document;

2. The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and it is a non-speaking order.

3. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the respondent.

4. As seen from the impugned order, the contentions of the petitioner as raised in this writ petition have not been considered. The petitioner was also not afforded any opportunity of hearing by the respondent prior to the issuance of the impugned refusal check slip dated 12.09.2025. Being a non-speaking order and an order passed in violation of principles of natural justice, necessarily, the impugned refusal check slip dated 12.09.2025 has to be quashed and the matter remanded back to the 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 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.

(b) The respondent shall afford one personal hearing to the petitioner; and after giving due consideration to the petitioner's contentions and the supporting documents and after hearing all the necessary parties and after verifying with the concerned Tahsildar about the genuineness of the documents produced by the petitioner, which includes the patta, the respondent shall take a final decision as to whether the settlement deed dated 12.09.2025 presented by the petitioner can be registered or not, within a period of four (4) weeks from the date of receipt of a copy of this order. (c) In case, the respondent decides to refuse registration of the settlement deed presented by the petitioner for registration, the respondent shall pass a speaking order with regard to the petitioner's contentions as well as the supporting documents produced by him.

No costs.

25-03-2026 RKM To The Joint II-Registrar 184/12G, S P Nagar, Pungathur, State Highway 50, Sp Nagar, Tiruvallur-602 001

ABDUL QUDDHOSE, J.

RKM 25-03-2026