Madras High CourtWP/13896/2026disposed of

M.Yogeeswari v. The Inspector General Of Registration

2026-04-15Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE M.Yogeeswari ..Petitioner(s) Vs

1. The Inspector General of Registration Office of the Inspector General of Registration, Santhome, Chennai.

2. The District Registrar south Chennai Office of the District Registrar South Chennai, Chennai-35.

3. The Sub Registrar Padappai Padappai.

..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 relating to the impugned cheque Slip in Refusal No.RFL/Padappai/33/2025, by the 3rd Respondent dated 06.12.2025 and quash the same as illegal and ultra virus and consequently direct the Respondent registered and release the Settlement Deed dated 06.12.2025, which is presented by the petitioner. For Petitioner(s):

Mr.A.Palaniappan For Respondent(s):

Mr.U.Baranidharan, Special Government Pleader

O R D E R

This Writ Petition has been filed challenging the impugned refusal check slip dated 06.12.2025, issued by the 3rd respondent refusing to register and release the Settlement Deed dated 06.12.2025, presented by the petitioner for registration on the ground that parent document namely the Will is an unregistered Will.

2.Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondents. On instructions, he would submit that apart from the reason given in the impugned refusal check slip, the petitioner did not produce a separate patta standing in her name, but had rather produced a joint patta. Therefore, he would submit that even if the matter is remanded back to the 3rd respondent for fresh consideration, all the necessary parties will have to be heard, which includes the other persons mentioned in the patta produced by the petitioner.

3.Admittedly, the petitioner was not afforded an opportunity of hearing by the 3rd respondent before issuing the impugned refusal check slip. The petitioner categorically contends before this Court that there is no legal impediment for the 3rd respondent to register the Settlement Deed dated 06.12.2025 presented by the petitioner for registration. The petitioner has also

filed supporting documents along with this Writ Petition in support of her contentions that there is no legal impediment for the 3rd respondent to register the settlement deed dated 06.12.2025. This Court is not expressing any opinion on the merits of the same. Since the impugned order has been passed without affording an opportunity of hearing to the petitioner, and is an order passed in violation of Principles of natural justice, this Court deems it fit to quash the impugned refusal check slip dated 06.12.2025 issued by the 3rd respondent and remand the matter back to the 3rd respondent for fresh consideration on merits and in accordance with law.

4.Accordingly, the impugned refusal check slip dated 06.12.2025 issued by the 3rd respondent is hereby quashed by this Court and the matter is remanded back to the 3rd respondent for fresh consideration. The petitioner shall submit a written explanation to the 3rd respondent along with supporting documents as to why there is no legal impediment for the 3rd respondent to register the settlement deed dated 06.12.2025 presented by the petitioner for registration, within a period of one week 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 3rd respondent shall, after giving due consideration to the written explanation submitted by the petitioner as well as the supporting documents produced by the petitioner, shall

take a final decision as to whether the settlement deed dated 06.12.2025 presented by the petitioner can be registered or not, within a period of four weeks thereafter. In case the 3rd respondent decides to refuse registration of the settlement deed dated 06.12.2025, presented by the petitioner for registration, the 3rd respondent shall pass a speaking order, after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by her.

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

15-04-2026 Index: Yes/No Speaking/Non-speaking order GSA To

1. The Inspector General of Registration Office of the Inspector General of Registration, Santhome, Chennai.

2. The District Registrar south Chennai Office of the District Registrar South Chennai, Chennai-35.

3. The Sub Registrar Padappai Padappai.

ABDUL QUDDHOSE, J.

GSA 15-04-2026