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Madras High CourtWP/11367/2026disposed of

Balachandran v. The Sub Registrar

2026-03-30Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

1. Balachandran Petitioner(s) Vs

1. The Sub Registrar Office of the Sub Registrar, Ganapathy, Coimbatore District.

2. Sivaganesh Respondent(s) PRAYER Call for the records relating to the impugned order / Refusal check Slip issued on 09.01.2026 in Refusal No. RFL / Ganapathy / 1/ 2026 by the respondent and to quash the same as illegal and consequently direct the respondents to register the settlement deed to and in favour of Mrs. Velumani within a time period stipulated by this Court For Petitioner(s):

Mr.K.Lavan for Mr.K.Bakiyaraj For Respondent(s):

Mr.U.Baranidharan,SGP For R1 ND/W - R2 -Pvt

ORDER

This writ petition has been filed, challenging the impugned refusal check slip dated 09.01.2026 issued by the first respondent, refusing to register the settlement deed presented by the petitioner for registration on the following grounds:

a) The petitioner has not produced the patta for the subject property; b) A protest petition has been filed by the second respondent, opposing registration of any document for the subject property; c) The impugned refusal check slip dated 09.01.2026 is a non speaking order with regard to the contentions of the petitioner; d) The impugned order has been passed in violation of the principles of natural justice as the petitioner was not afforded any opportunity of hearing prior to the passing of the impugned refusal check slip dated 09.01.2026.

2. The learned counsel for the petitioner categorically contends before this Court that the petitioner is the absolute owner of the property, which is the subject matter of the settlement deed and that he has got the legal right to execute the settlement deed in favour of one Mrs.Velumani.

3. This Court is not expressing any opinion on the merits of the petitioner's contentions. However, as seen from the impugned refusal check slip dated 09.01.2026, the petitioner's contentions as raised in this writ petition along with the petitioner's supporting documents have not been considered by the first respondent. The petitioner was also not afforded any opportunity of hearing by the first respondent prior to passing of the impugned refusal check slip dated 09.01.2026.

4. Since the impugned refusal check slip dated 09.01.2026 is a nonspeaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned refusal check slip dated 09.01.2026 has to be quashed and the matter has to be remanded back to the first respondent for fresh consideration on merits and in accordance with law.

5. Accordingly, the impugned refusal check slip dated 09.01.2026 issued by the first respondent is hereby quashed and the matter is remanded back to the first respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the first respondent along with supporting documents, stating as to how there is no legal impediment for the first respondent to register the settlement deed presented by the petitioner within a period of one week from the date of receipt of a copy of this order. On receipt of the same, within the stipulated time, the first respondent after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the petitioner, shall take a final decision as to whether the settlement deed can be registered or not within a period of four weeks thereafter.

6. In case, the first respondent decides to refuse registration of the settlement deed presented by the petitioner, the first respondent shall pass a speaking order, after giving due consideration to the contentions of the

petitioner as well as the supporting documents produced by the petitioner.

7. With the aforesaid directions, this writ petition is disposed of. No Costs.

30-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The Sub Registrar Office of the Sub Registrar, Ganapathy, Coimbatore District

ABDUL QUDDHOSE J.

ab 30-03-2026