Shafeeq Ahamed v. The Joint Sub Registrar No.2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 10715 OF 2026

1. Shafeeq Ahamed S/o. Mohamed Hanifah, 22/14 R.V.E.

Layout 3rd Street, Venkateswara Nagar, Kangayam Road, Tiruppur district 641 Petitioner(s) Vs

1. The Joint Sub Registrar No.2 Tiruppur district 641 666 Respondent(s) PRAYER calling for the entire records relating to the impugned Refusal Check Slip bearing Refusal Number/ RFL/ Tiruppur Joint II/ 12/ 2026 dated 10.02.2026 on the file of the respondent and to quash the same and consequently direct the respondent to receive , accept and register the Deed of Discharge Receipt dated 5.02.2026 executed by M/s. Hero Fincorp Limited to and in favour of the petitioner without insisting on No Objection Certificate and return the original document to the petitioner within a stipulated time frame For Petitioner(s):

Mr. S. Ranjith Kumaran For Respondent(s):

M/s.K.Aswini Devi,AGP For Respondent

ORDER

This writ petition has been filed, challenging the impugned refusal check

slip dated 10/02/2026, refusing to register the deed of discharge receipt dated 05/02/2026 presented by the petitioner for registration on the ground that the Hindu Religious and Charitable Endowments (HR & CE) Department has raised an objection with regard to the registration of any document for the very same property.

2. The petitioner has challenged the impugned order on the ground of violation of the principles of natural justice and on the ground that it is a nonspeaking order with regard to the petitioner's contentions.

3. The petitioner categorically contends before this Court that he is the absolute owner of the property, which is the subject matter of the deed of discharge receipt dated 05/02/2026.

4. This Court is not expressing any opinion on the merits of the petitioner's contention.

5. As seen from the impugned refusal check slip dated 10.02.2026, the petitioner was not afforded an opportunity of hearing prior to the passing of the impugned refusal check slip dated 10/02/2026. The impugned refusal check slip is also a non-speaking order with regard to the contentions of the petitioner and

the supporting documents produced by the petitioner. Since the impugned refusal check slip dated 10/02/2026 is a non-speaking order and is an order passed in violation of the principles of natural justice, necessary, the impugned refusal check slip dated 10/02/2026 has to be quashed and the matter has to be remanded back to the respondent for fresh consideration.

6. Accordingly, the impugned refusal check slip dated 10/02/2026 issued by the respondent is hereby quashed and the matter is remanded back to the respondent for fresh consideration. The respondent shall issue notice to all the necessary parties, including the HR & CE Department, and after hearing their objections, and after giving due consideration to the contentions of the petitioner and the supporting documents produced by the petitioner, shall take a final decision as to whether the deed of discharge receipt dated 05/02/2026 can be registered or not within a period of four weeks from the date of receipt of a copy of this order.

7. In case, the respondent decides to refuse registration of the deed of discharge receipt dated 05/02/2026, 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. Consequently, connected miscellaneous petition is closed. 18-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab

To 1.The Joint Sub Registrar No.2 Tiruppur district 641 666

ABDUL QUDDHOSE J.

ab AND WMP NO. 10715 OF 2026 18-03-2026