← Library
Madras High CourtWP/10771/2026disposed of

D.Venkatesan v. The Inspector General Of Registration

2026-03-25Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE D.Venkatesan ..Petitioner(s) Vs

1. The Inspector General of Registration No.100, Santhome High Road, Chennai-600 004.

2. The District Registrar Kallakurichi- 606 203.

3. The Sub- Registrar Nagaloor, Kallakurichi- 606 203.

4. Abdul Subakhan ..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 entire records in connection with the impugned Refusal Check Slip dated 04.02.2026 issued by the 3rd respondent, quash the same as illegal and without jurisdiction and Consequently direct the 3rd respondent to register the sale Deed dated 03.02.2026 in TP/ 246617762/ 2026 presented by the petitioner with respect to the agricultural lands comprised in Old Survey No.56/1, Patta No.11749, as per patta New Survey No.56/1G2 measuring 48 cent and patta No.12094, as per Patta New Survey No.56/1H1 measuring 19 cents in altogether measuring 67 cents situated at Kongarayapalayam Village, Kallakurichi Taluk and District within a time to be stipulated by this court.

For Petitioner(s):

Mr.M.Vijay For Respondent(s):

Mr.P.Harish, GA For R1 to R3

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 04.02.2026 issued by the third respondent refusing to register the sale deed presented by the petitioner for registration on the ground that the property which is the subject matter of the sale deed has already been conveyed to a third party. A protest petition has also been filed by a third party opposing registration of any document with regard to the subject property.

2. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the respondents 1 to 3. Since no adverse orders are passed against the fourth respondent, notice to the fourth respondent in this writ petition is dispensed with.

3. Admittedly, the petitioner was not afforded any opportunity of hearing by the third respondent before passing the impugned refusal check slip dated 04.02.2026. 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 04.02.2026 issued by the third respondent has to be quashed and the matter remanded back to the third respondent for fresh consideration on merits and in accordance with law.

4. Accordingly, this writ petition is disposed of in the following manner:- (a) The impugned refusal check slip dated 04.02.2026 is quashed by this Court and the matter is remanded back to the third respondent for fresh consideration on merits and in accordance with law.

(b) The petitioner shall submit a written explanation to the third respondent within a period of two weeks form the date of receipt of a copy of this order, as to why the third respondent has to accept the registration of the sale deed presented by the petitioner for registration, along with supporting documents.

(c) On receipt of the same within the time stipulated, the third respondent, after giving due consideration to the written explanation submitted by the petitioner along with supporting documents, and after hearing the objections from the fourth respondent and all other necessary parties, shall take a final decision with regard

to registration of the sale deed presented by the petitioner, on merits and in accordance with law, within a period of four weeks thereafter.

(d) If the third respondent decides to refuse to register the sale deed, the third respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by him.

No Costs. W.M.P.No.11696 of 2026 is closed.

25-03-2026 RKM To

1. The Inspector General of Registration No.100, Santhome High Road, Chennai-600 004.

2. The District Registrar Kallakurichi- 606 203.

3. The Sub- Registrar Nagaloor, Kallakurichi- 606 203.

ABDUL QUDDHOSE, J.

RKM 25-03-2026