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Madras High CourtWP/13950/2026disposed of

Kanniammal v. The Sub Registrar

2026-04-20Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 15201 OF 2026

1. Kanniammal w/o.Late.Chengamma Naidu, Arumbakkam Vilalge, Nagavedu Post, Arakonam Taluk, Ranipet District.

2. V.Suguna W/o.Veeraragavan No.35/1, Arakkonam Road, Sholingar, Ranipet District.

Petitioner(s) Vs

1. The Sub Registrar Nemili Sub Registrar office, Nemili, Ranipet District Respondent(s) PRAYER Call for the records of the respondent made in Refusal Number RFL/ NEMILI/ 32/ 2026 dated 04.03.2026 quash the same and consequentially direct the respondent to register the Relinquishment deed dated 10.02.2026 For Petitioner(s):

Mr.P.Krishnan For Respondent(s):

Mr.P.Harish Govt.Advocate For Respondent

ORDER

This writ petition has been filed, challenging the impugned refusal check slip dated 04.03.2026 issued by the respondent, refusing to register the

relinquishment deed dated 10.02.2026 presented by the petitioners for registration on the ground that the petitioners did not produce the original parent document.

2. The petitioners categorically contend before this Court that there is no legal impediment for the respondent to register the relinquishment deed dated 10.02.2026 presented by the petitioners for registration. According to them, despite producing all the revenue records pertaining to the subject property, the respondent has refused to register the relinquishment deed dated 10.02.2026 presented by the petitioners for registration.

3. According to the petitioners, the originals of the parent document is available with the brother of the second petitioner, who is one of the co-owners of the larger extent of the subject property. The petitioners have also challenged the impugned order on the ground that it is a non speaking order with regard to the contentions of the petitioners and the impugned order has been passed in violation of the principles of natural justice as the petitioners were not afforded any opportunity of hearing prior to the passing of the impugned order.

4. Mr. P. Harish, learned Government Advocate accepts notice on behalf of the respondent.

5. As seen from the impugned refusal check slip dated 04.03.2026, the petitioners' contentions as raised in this writ petition along with the petitioners' supporting documents have not been considered by the respondent. The petitioners were also not afforded any opportunity of hearing by the respondent prior to passing of the impugned refusal check slip dated 04.03.2026. The only reason stated in the impugned order is that the original parent document has not been produced by the petitioner.

6. According to the petitioners, since the originals of the parent document is available with the brother of the second petitioner, who is one of the coowners of the larger extent of the subject property, the respondent could have issued notice to the brother of the second petitioner and ascertain whether the original parent document is available with him or not.

7. Since the impugned refusal check slip dated 04.03.2026 is a nonspeaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned refusal check slip dated 04.03.2026 has to be quashed and the matter has to be remanded back to the respondent for fresh consideration on merits and in accordance with law.

8. Accordingly, the impugned refusal check slip dated 04.03.2026 issued by the respondent is hereby quashed and the matter is remanded back to the

respondent for fresh consideration on merits and in accordance with law. The petitioners shall submit a written explanation to the respondent along with supporting documents, stating as to why there is no legal impediment for the respondent to register the relinquishment deed dated 10.02.2026 presented by the petitioners 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 respondent shall issue notice to the brother of the second petitioner and ascertain from him as to whether the original parent documents are available with him or not and after scrutinising the original parent document if available with the brother of the second petitioner, shall take a final decision as to whether the relinquishment deed dated 10.02.2026 can be registered or not within a period of four weeks thereafter after giving due consideration to the written explanation submitted by the petitioners and the supporting documents produced by the petitioners.

9. In case, the respondent decides to refuse registration of the relinquishment deed dated 10.02.2026 presented by the petitioners, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioners as well as the supporting documents produced by the petitioners.

10. 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.

20-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The Sub Registrar Nemili Sub Registrar office, Nemili, Ranipet District

ABDUL QUDDHOSE J.

ab AND WMP NO. 15201 OF 2026 20-04-2026