S.Arokiyasamy, v. The Sub Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE S.Arokiyasamy, S/o.Susai, Madha Koil Street, Memmalur Village, Tirukoilur Taluk.

..Petitioner(s) Vs The Sub Registrar, Tirukoilur.

..Respondent(s) PRAYER - This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus, calling for the records of the respondent in respect of the Refusal Check Slip in RFL/Tirukoilur/40/2026 dated 25.02.2026 and quash the same and thereby direct the respondent to register the sale deed dated 23.02.2026 presented in TP No/254307087/2026 in favour of the petitioner in respect of the properties in Dry S.No.95/1G, Dry S.No.95/1H and Dry S.No.95/1J at Memaalur village, Tirukoilur taluk and release the same forthwith.

For Petitioner(s):

Mr.N.Suresh For Respondent(s):

Mr.P.Harish, Government Advocate

O R D E R

This Writ Petition has been filed challenging the impugned refusal check slip dated 25.02.2026 passed by the respondent refusing to register the sale deed dated 23.02.2026 presented by the petitioner for registration on the ground, subsequent to the Civil Court decree obtained in petitioner's favour, there are two registered documents pertaining to the very same property. 2.The petitioner categorically contends before this Court that the documents relied on by the respondent in the impugned refusal check slip are totally not connected with the property which is a subject matter of the sale deed dated 23.02.2026, presented by the petitioner for registration. According to the petitioner, by total non-application of mind, the impugned refusal check slip dated 25.02.2026 has been issued. The petitioner has also challenged the impugned refusal check slip on the ground of violation of Principles of natural justice.

3.As seen from the impugned refusal check slip dated 25.02.2026, the contentions of the petitioner as raised in this Writ Petition, have not been considered by the respondent. The petitioner was also not afforded with any opportunity of hearing by the respondent prior to the passing of the impugned refusal check slip dated 25.02.2026. Being a non-speaking order and an order passed in violation of Principles of natural justice, necessarily, the impugned

refusal check slip dated 25.02.2026 has to be quashed by this Court and the matter remanded back to the respondent for fresh consideration on merits and in accordance with law, within a time frame to be fixed by this Court. 4.Accordingly, the impugned refusal check slip dated 25.02.2026 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 document stating as to why there is no prohibition for the respondent to register the sale deed dated 25.02.2026 presented by the petitioner for registration, within a period of two weeks from the date of receipt of a copy of this order.

On receipt of the said written explanation from the petitioner along with supporting documents within the stipulated time, the respondent, after giving due consideration to the written explanation submitted by the petitioner as well as the supporting documents and after hearing all the necessary parties, shall take a final decision as to whether the sale deed presented by the petitioner can be registered or not within a period of four weeks thereafter. In case the respondent refuses to register the sale deed presented by the petitioner for registration, the respondent shall pass a speaking order with regard to the petitioner's contentions and the supporting documents produced by him.

ABDUL QUDDHOSE, J.

GSA 5.With the above direction, the Writ Petition is disposed of. However, there shall be no order as to costs.

25-03-2026 Index: Yes/No Speaking/Non-speaking order GSA To The Sub Registrar, Tirukoilur.