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Madras High CourtWP/10899/2026disposed of

D.Arun v. The Inspector General Of Registration,

2026-03-25Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

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

1. The Inspector General of Registration, Santhome, Chennai - 600 004.

2. The District Registrar, Perambalur District.

3. Sub-Registrar, Veppur, Perambalur 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 3rd respondent relating to the refusal check slip No.RFL/Veppur perambalur/10/2026 dated 05.02.2026 issued by the 3rd respondent and quash the same and consequently direct the 3rd respondent to register the settlement deed dated 05.02.2026 presented by him, within a time frame fixed by this Court.

For Petitioner(s):

Mr.G.Ilamurugu For Respondent(s):

Mr.U.Baranidharan,SGP

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 05.02.2026 issued by the third respondent refusing to register the settlement deed dated 05.02.2026 presented by the petitioner for registration on the ground that oral partition claimed by the petitioner has not been proved.

2. The petitioner has challenged the impugned refusal check slip on the ground that it is a non-speaking order with regard to the petitioner's contentions and on the ground that it has been passed in violation of the principles of natural justice. The petitioner contends that based on the oral partition between the petitioner's father and the petitioner's uncle, the petitioner's uncle had acted upon the said oral partition by executing the registered document. Therefore, the petitioner contends that he is empowered to execute the settlement deed dated 05.02.2026 presented by him for registration.

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 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.

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 third respondent for fresh consideration on merits and in accordance with law.

(b) The petitioner shall submit a written explanation to the third respondent stating as to why the settlement deed presented by the petitioner has to be registered, along with supporting documents, within a period of two weeks form the date of receipt of a copy of this order. (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 all the necessary parties which includes the persons in whose

names the patta stands, shall take a final decision with regard to registration of the settlement 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 settlement 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.11848 of 2026 is ordered. 25-03-2026 RKM

To

1. The Inspector General of Registration, santhome, chennai - 600 004.

2. The District Registrar, Perambalur District.

3. Sub-Registrar, veppur, perambalur District.

ABDUL QUDDHOSE, J.

RKM 25-03-2026