Mr.C.Settu v. The Sub Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 14086 OF 2026
1. Mr.C.Settu S/o.Chinnathambi, No.27, 9th Cross, Brindavan Layout, Chikkajala, Kuvembu Toad, Yerthiganhalli, Dottajala Post, Bangalore District.
Karnataka - 562 157.
2. MR.K.Selvaraj S/o.Kuppusamy, No.3-34, kuttakattanur, Idaiyapatti village, omalur taluk, Salem District. Tamilnadu - 636 501.
Petitioner(s) Vs
1. The Sub Registrar, Tharamangalam Sub-Registrar Office, Salem West Registration District, Salem - 636 501.
2.The Assistant Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, Salem City and Salem District.
3.
"Arulmigu Sendrayaperumal Temple", Pagalpatty, Omalur Taluk, Salem District (R3 impleaded SUO MOTU by this Court) Respondent(s)
PRAYER To call for the records relating to impugned refusal check slip issued by the 1st respondent in Refusal No.RFL/Tharamangalam/3/2026 quash the same and further directing the 1st respondent to register the Sale Deed to current the Survey No.114/1B2C, 113/1B2B1 to extent of 2.72 cents or other order as this Hon'ble Court may deem fit and proper in the circumstances of the case. For Petitioner(s):
Mr.A.Rameshmanikandan For Respondent(s):
M/s.K.Aswini Devi,AGP For R1 Mr.Arun Natarajan For R2 and R3
ORDER
This writ petition has been filed, challenging the impugned refusal check slip dated 09.03.2026, refusing to register the sale deed presented by the petitioners for registration on the ground that the second respondent has raised objections for registration of any document pertaining to the property, which is the subject matter of the sale deed presented by the petitioners for registration.
2. The petitioners have challenged the impugned refusal check slip dated 09.03.2026 on the ground of violation of the principles of natural justice and on the ground that it is a non speaking order with regard to the contentions of the petitioners in this writ petition.
3. Since the subject "Temple", on whose behalf a communication was sent by the second respondent, has not been impleaded as a party respondent in this writ petition, this Court by exercising its suo motu power impleads
"Arulmigu Sendrayaperumal Temple", Pagalpatty, Omalur Taluk, Salem District as a party third respondent in this writ petition. Registry is directed to carryout the amendment accordingly.
4. The petitioners categorically contend before this Court that they are the owners of the property morefully disclosed in the schedule to the sale deed which is presented by the petitioners for registration. They have also filed supporting documents in support of their contentions. This Court is not expressing any opinion on the merits of the same.
5. Admittedly, the letter has been sent to the first respondent by the second respondent, raising objections for registration of any document pertaining to the property, which is the subject matter of the sale deed presented by the petitioners for registration. Admittedly, no opportunity of hearing was granted to the petitioners by the first respondent before issuing the impugned refusal check slip, refusing to register the sale deed presented by the petitioners for registration.
6. As seen from the impugned refusal check slip dated 09.03.2026, the petitioners' contentions as raised in this writ petition along with the petitioners' supporting documents have not been considered by the first respondent.
7. Since the impugned refusal check slip dated 09.03.2026 is a nonspeaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned refusal check slip dated 09.03.2026 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 after hearing all the necessarily parties, which includes the second and third respondents.
8. This Court is not expressing any opinion on the merits of the petitioners' contentions as raised in this writ petition.
9. Accordingly, the impugned refusal check slip dated 09.03.2026 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 petitioners shall submit a written explanation to the first respondent along with supporting documents, stating as to why there is no legal impediment for the first respondent to register the sale deed 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 same, within the stipulated time, the first respondent after giving due consideration to the written explanation submitted by the petitioners and the supporting documents produced by the petitioners, shall take a final decision as to whether the sale deed can be registered or not within a period of four weeks thereafter after hearing the objections of the objections of
the second and third respondents.
10. In case, the first respondent decides to refuse registration of the sale deed presented by the petitioners, the first respondent shall pass a speaking order, after giving due consideration to the written explanations submitted by the petitioners as well as the supporting documents produced by the petitioners.
11. With the aforesaid directions, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is ordered subject to payment of separate Court fee.
15-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The Sub Registrar, Tharamangalam Sub-Registrar Office, Salem West Registration District, Salem - 636 501.
2.The Assistant Commissioner/Executive Officer, Hindu Religious and Charitable Endowment Department, Salem City and Salem District.
3.
"Arulmigu Sendrayaperumal Temple", Pagalpatty, Omalur Taluk, Salem District
ABDUL QUDDHOSE J.
ab AND WMP NO. 14086 OF 2026 15-04-2026