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Madras High CourtWP/9183/2026disposed of

G.Tamilmani v. The District Registrar

2026-03-17Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE G.Tamilmani ..Petitioner(s) Vs

1. The District Registrar Chengalpattu District.

2. The Sub Registrar Mathurandakam Chengalpattu District.

..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records of the 2nd respondent in RFL/Madhurandagam/ 12/2026 dated 5/2/26 and quash the same consequently direct the respondents to register the release deed submitted by the petitioner with respect to the property bearing S.No.240/3 in Vilvarayanallur Village, Madhurandagam Taluk, Chengalpattu District. For Petitioner(s):

Mr.S.N.Subramani For Respondent(s):

Mr.D.Ravichander, SGP

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 05.02.2026 issued by the second respondent refusing to register the release deed presented by the petitioner for registration on the ground that there

are other encumbrances found in the Encumbrance Certificate for the subject property.

2. 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.

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

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. 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 second respondent has to be quashed and the matter remanded back to the second 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 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 second respondent within a period of two weeks form the date of receipt of a copy of this order, as to why the second respondent has to accept the registration of the release deed presented by the petitioner for registration, along with supporting documents.

(c) On receipt of the same within the time stipulated, the second respondent, after giving due consideration to the written explanation submitted by the petitioner along with supporting documents, shall take a final decision with regard to registration of the release deed presented by the petitioner, on merits and in accordance with law, within a period of six weeks thereafter. (d) If the second respondent decides to refuse to register the sale deed, the second respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by him.

17-03-2026 RKM

ABDUL QUDDHOSE, J.

RKM To

1. The District Registrar Chengalpattu District.

2. The Sub Registrar Mathurandakam Chengalpattu District.

17-03-2026