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Madras High CourtWP/8804/2026disposed of

Kumaresh v. The District Registrar

2026-03-11Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Kumaresh ... Petitioner Vs.

1.The District-Registrar, District-Registrar Office, Coimbatore.

2.The Sub-Registrar, Anaimalai Sub-Register Office, Anaimalai, Coimbatore 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 of the 2nd respondent in RFL/Anaimalai/52/2025 dated 24.12.2025 and quash the same and consequently direct the 2nd respondent to register the Family Settlement Deed dated 24.12.2025 executed in favour of the petitioner and release the same within the time frame fixed by this Court. For Petitioner : Mr.E.V.Arunachalagiri for M/s.S.Sivakumaravel For Respondents : 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 24.12.2025 issued by the 2nd respondent refusing to register the Family Settlement Deed presented by the petitioner for registration on the ground that the petitioner has not paid the appropriate stamp duty and registration fees.

2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondents.

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 24.12.2025 issued by the 2nd respondent has to be quashed and the matter has to be remanded back to the 2nd 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 24.12.2025 is quashed by this Court and the matter is remanded back to the 2nd respondent for fresh consideration on merits and in accordance with law. (b) The petitioner shall submit a written explanation to the 2nd respondent within a period of two (2) weeks form the date of receipt of a copy of this order, as to why the 2nd respondent has to accept the registration of the Family Settlement deed presented by the petitioner for registration, along with supporting documents.

(c) On receipt of the same within the time stipulated, the 2nd 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 Family Settlement Deed presented by the petitioner, on merits and in accordance with law, within a period of six weeks thereafter.

(d) If the 2nd respondent decides to refuse to register the Family Settlement Deed, the 2nd 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 1.The District-Registrar, District-Registrar Office, Coimbatore.

2.The Sub-Registrar, Anaimalai Sub-Register Office, Anaimalai, Coimbatore District.

Page No.5 of 6

ABDUL QUDDHOSE, J.

sp 11.03.2026 Page No.6 of 6