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Madras High CourtWP/11437/2026disposed of

Saraswathi v. The District Registrar

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 and W.M.P.No.12461 of 2026

1. Saraswathi W/o. Muthusamy Gounder, Door No.82, Udumalai Road, Tharapuram Taluk, Tiruppur District.

2. C. Sakthivel S/o. Late Chinnasamy, Door No.16, Bazar Street.

Selampalayam, Selampalayam Village, Tharapuram Taluk, Tiruppur District.

3. Rukmani W/o. Govindasamy, Door No.143/1 Gandhi Nagar, Tharapuram Town, Tiruppur District.

..Petitioner(s) Vs

1. The District Registrar Office of District Registrar Tharapuram Division, Thiruppur District.

2. The Sub Registrar Office of Sub Registrar Tharapuram, Thiruppur District.

3. G. Gopal

4. R.G. Rama Krishnan S/o. Govindasamy, Both are residing at D. No.20/21 Kaliyamman Koil Street, Dharapuram, Tiruppur District.

..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 Refusal Check Slip of the 2nd Respondent issued in RFL /Tharapuram/29/2025 dated 19.12.2025, quash the same and consequently direct the 2nd Respondent herein to register the sale deed dated 19.12.2025 executed by the petitioners as per Patta with respect to 2/4 shares vide Transfer Order in T.R. 2024/32/04/001318SD dated 20.01.2024. For Petitioner(s):

Mr.I.Abrar MD Abdullah For Respondent(s):

Mr.U.Baranidharan, Special Government Pleader (For R1 & R2)

O R D E R

This Writ Petition has been filed challenging the impugned refusal check slip dated 19.12.2025 issued by the 2nd respondent refusing to register the sale deed dated 19.12.2025, presented by the petitioner for registration on the ground that pertaining to very same property, there are two registered documents viz., partition deed registered as document No.2572/1980 and sale deed registered as document No.1836/2005.

2.The petitioners categorically contends before this Court that they are the absolute owners of the property. The petitioners also contend that the 2nd respondent, without authority under law, has refused to register the sale deed dated 19.12.2025, presented by the petitioners for registration. 3.The learned counsel for the petitioners also relied upon the decisions rendered by this Court in support of the petitioners' contentions that the 2nd respondent ought not to have refused registration of the sale deed presented by the petitioners for registration.

4.This Court is not expressing any opinion with regard to the same. As seen from the impugned refusal check slip dated 19.12.2025, it is a nonspeaking order with regard to the petitioners' contentions raised before this Court through this Writ Petition. The petitioner was also not afforded with any opportunity of hearing by the 2nd respondent before passing the impugned refusal check slip dated 19.12.2025. Being a non-speaking order and an order passed in violation of Principles of natural justice, necessarily, the impugned refusal check slip dated 19.12.2025 issued by the 2nd respondent has to be quashed by this Court and the matter remanded back to the 2nd respondent for fresh consideration on merits and in accordance with law, within a time frame to be fixed by this Court.

5.Since no adverse orders are passed in this Writ Petition against the respondents 3 and 4, notice to the respondents 3 and 4 is dispensed with by this Court in this Writ Petition.

6.Accordingly, the impugned refusal check slip dated 19.12.2025 issued by the 2nd respondent is hereby quashed and the matter is remanded back to the 2nd respondent for fresh consideration on merits and in accordance with law. The petitioners shall submit a written explanation to the 2nd respondent along with supporting documents stating as to why there is no legal prohibition for the 2nd respondent to register the sale deed dated 19.12.2025 presented by the petitioners for registration within a period of two weeks from the date of receipt of a copy of this order.

On receipt of the said written explanation along with supporting documents within the stipulated time, the 2nd respondent, after hearing all the necessary parties, including the petitioners as well as the respondents 3 and 4, shall take a final decision on the registration of the sale deed after giving due consideration to the contentions of all the parties and supporting documents produced by them, within a period of four weeks thereafter. In case, the 2nd respondent decides to refuse the registration of sale deed dated 19.12.2025, presented by the petitioners for registration, the 2nd respondent shall pass a speaking order with regard to petitioners' contentions and the supporting documents produced by the petitioners.

7.With the above direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

25-03-2026 Index: Yes/No Speaking/Non-speaking order GSA To

1. The District Registrar Office of District Registrar Tharapuram Division, Thiruppur District.

2. The Sub Registrar Office of Sub Registrar Tharapuram, Thiruppur District.

ABDUL QUDDHOSE, J.

GSA and W.M.P.No.12461 of 2026 25-03-2026