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Madras High CourtWP/10410/2026disposed of

S.Lakshmanasamy v. The Sub Registrar

2026-03-18Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE S.Lakshmanasamy S/o. Sambandham ..Petitioner Vs The Sub-Registrar, Sub-Registrar Office, Cheyyur, Chengalpattu District.

..Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Refusal Check Slip dated 02.03.2026 issued by the respondent herein in Refusal Number RFL/Cheyyur/45/2026, quash the same and consequently, issue direction directing the respondent herein to register forthwith the sale deed dated 02.03.2026 presented by the petitioner with other vendors. For Petitioner :

Mr.G.Mageshkumar For Respondent:

Mr.U.Baranidharan, Special Government Pleader *****

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 02.03.2026 issued by the respondent refusing to register the sale deed presented by the petitioner for registration on the following grounds: (a) one of the legal heirs of the deceased has not appeared for registration; (b) registration of sale deed for undivided share of land is impermissible.

2. The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and on the ground that it is a nonspeaking order. The petitioner categorically contends that there is no legal prohibition for registration of a sale deed for undivided share of land. The petitioner also categorically contends that all the executants, who are having title over the property were present before the Sub-Registrar at the time of presentation of the sale deed for registration.

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

4. Admittedly, no opportunity of hearing was granted to the petitioner by the respondent prior to the issuance of the impugned refusal check slip dated 02.03.2026. The contentions of the petitioner, as raised in this writ petition, have also not been considered in the impugned refusal check slip dated 02.03.2026. Being a non-speaking order and an order passed in violation of principles of natural justice, necessarily the impugned refusal check slip dated 02.03.2026 has to be quashed by this Court and 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.

5. Accordingly, the impugned refusal check slip dated 02.03.2026 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 as to whether the sale deed presented by the petitioner has to be registered with supporting documents within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the said written explanation within the stipulated time, the respondent shall take a final decision after giving due consideration to the written explanation submitted by the petitioner and the supporting documents as to whether the sale deed presented by the petitioner can be registered or not within a period of four (4) weeks thereafter. If the respondent decides to refuse registration of 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.

This writ petition is disposed of with the above direction. No costs. 18-03-2026 Index: Yes/No Speaking/Non-speaking order gm

ABDUL QUDDHOSE, J.

gm To The Sub Registrar, Sub-Registrar Office, Cheyyur, Chengalpattu District.

18-03-2026