Jessi v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-04-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND WP NO. 12451 OF 2026, WMP NO. 13617 OF 2026, WMP NO. 13619 OF
1. Jessi
2. Ms. Marthal
3. Stephen
4. Selvamani
5. Daisy Stephen Anthonyraj ..Petitioner(s) Vs
1. The State of Tamil Nadu, Represented by its Secretary, Commercial Taxes and Registration Department, St. Fort George, Chennai- 600009.
2. The Inspector General of Registration 100, Santhome High Road, Mylapore, Chennai, Tamil Nadu- 600 028
3. The District Registrar, District Registrar Office, Chengalpattu, JCK Nagar, Paranur, Chengalpattu-603002.
4. The Sub Registrar, Sunguvarchatram Sub Registrar Office, Vadiavambal Nagar, Sunguvarchatram, Sriperumbudur Taluk, Kancheepuram-602106
5. The Sub Registrar, Sriperumbudur Sub Registrar Office, Sriperumbudur, Kancheepuram-602105.
6. The Economic Offences Wing (EOW) Officer, (Royapettah Benefit Fund Limited), No. 2, Natesan Salai, PTC, Ashok Nagar, Chennai-600083.
7. The Official Liquidator (Royapettah Benefit Fund Limited), Madras High Court, Corporate Bhawan II, Finor No. 29, Rajaji Salai, Parrys, Chennai-600001. ..Respondent(s) WP No. 12451 of 2026
1. Jessi
2. Ms. Marthal
3. Stephen
4. Selvamani
5. Daisy Stephen Anthonyraj ..Petitioner(s) Vs
1. The State of Tamil Nadu, Represented by its Secretary, Commercial Taxes and Registration Department St. Fort George, Chennai- 600009.
2. The Inspector General of Registration 100, Santhome High Road, Mylapore, Chennai, Tamil Nadu- 600 028
3. The District Registrar, District Registrar Office, Chengalpattu, JCK Nagar, Paranur, Chengalpattu-603002.
4. The Sub Registrar, Sunguvarchatram Sub Registrar Office, Vadiavambal Nagar, Sunguvarchatram, Sriperumbudur Taluk, Kancheepuram-602106
5. The Sub Registrar, Sriperumbudur Sub Registrar Office, Sriperumbudur, Kancheepuram-602105.
6. The Economic Offences Wing (EOW) Officer, (Royapettah Benefit Fund Limited), No. 2, Natesan Salai, PTC, Ashok Nagar, Chennai-600083.
7. The Official Liquidator (Royapettah Benefit Fund Limited), Madras High Court, Corporate Bhawan II, Finor No. 29, Rajaji Salai, Parrys, Chennai-600001. Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records pertaining to the refusal check slip bearing Refusal Number RFL/Sunguvarchatram/1/2026 dated 27.01.2026 issued by the 4th Respondent to the Petitioners, quash the same and consequently direct the 4th Respondent to admit the Sale deed dated 27.01.2026 executed by the Petitioners herein with regard to the southern portion of land comprised in Survey No. 107/1A measuring 0.60 Acres, bounded on the North by remaining portion of land in Survey No. 107/1A, East by land in Survey No. 107/2A, South by land in Survey Nos.
107/8, 107/9, 107/10, 107/11 and 107/12, and West by land in Survey No. 109, and register the same in accordance with the Registration Act. WP No. 12451 of 2026 Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records pertaining to the refusal check slip bearing Refusal Number RFL/Sunguvarchatram/2/2026 dated 27.01.
to the Petitioners, quash the same and consequently direct the 4th Respondent to admit the Release deed dated 27.01.2026 executed by the 3rd, 4th and 5th Petitioners herein in favour of 1st and 2nd Petitioners herein, with regard to 2/4th undivided share of land measuring 0.34 Acres, out of northern portion of land comprised in Survey No. 107/1A measuring 0.68 Acres, and register the same in accordance with the Registration Act, 1908. For Petitioner(s):
Ms.Apsaraa Sridhar for Mr.G.Vivekanand For Respondent(s):
Mr.P.Harish, GA (R1 to R5) COMMON ORDER These writ petitions have been filed challenging the impugned refusal check slips dated 27.01.2026 issued by the fourth respondent refusing to register the documents presented by the petitioners for registration on the ground that there is a court attachment.
2. The petitioners claim that they are not aware of any court attachment. According to them, despite repeated request, the fourth respondent has not furnished a copy of the attachment order to the petitioners. The petitioners have also challenged the impugned orders on the ground of violation of the principles of natural justice, as no opportunity of hearing was granted to them by the fourth respondent prior to the passing of the impugned orders.
3. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the respondents 1 to 5, and on instructions, submits that the attachment order was passed by the Court pertaining to a sum of Rs.454 crores. However, the learned counsel for the petitioners would submit that the petitioners are not aware of the same.
4. As seen from the impugned orders, the petitioners were not afforded of any opportunity of hearing prior to the passing of the impugned orders. Neither the petitioners' contentions nor the supporting documents produced by them were considered in the impugned orders. Being a non-speaking order with regard to the petitioners' contentions and the supporting documents produced by them, and an order passed in violation of the principles of natural justice, this Court is of the considered view that the impugned orders passed by the fourth respondent have to be quashed and the matter remanded back to the fourth respondent for fresh consideration on merits and in accordance with law.
5. Accordingly, these writ petitions are disposed of in the following manner:- (a) The impugned orders dated 27.01.2026 are quashed by this Court and the matter is remanded back to the fourth respondent for fresh consideration on merits and in accordance with law.
(b) The petitioners shall submit a written explanation to the fourth respondent within a period of one week form the date of receipt of a copy of this order, as to why there is no legal impediment for the fourth respondent to register the documents in question, along with supporting documents.
(c) On receipt of the same within the time stipulated, the fourth respondent, after giving due consideration to the written explanation submitted by the petitioners along with supporting documents, shall take a final decision with regard to registration of the documents in question presented by the petitioner, on merits and in accordance with law, within a period of four weeks thereafter. (d) If the fourth respondent decides to refuse to register the documents in question, the fourth respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioners and the supporting documents produced by them.
No Costs. W.M.P.Nos.13617 and 13619 of 2026 are ordered subject to payment of separate court fee.
06-04-2026 RKM
To
1. The State of Tamil Nadu, Represented by its Secretary, Commercial Taxes and Registration Department St. Fort George, Chennai- 600009.
2. The Inspector General of Registration 100, Santhome High Road, Mylapore, Chennai, Tamil Nadu- 600 028
3. The District Registrar, District Registrar Office, Chengalpattu, JCK Nagar, Paranur, Chengalpattu-603002.
4. The Sub Registrar, Sunguvarchatram Sub Registrar Office, Vadiavambal Nagar, Sunguvarchatram, Sriperumbudur Taluk, Kancheepuram-602106
5. The Sub Registrar, Sriperumbudur Sub Registrar Office, Sriperumbudur, Kancheepuram-602105.
6. The Economic Offences Wing (EOW) Officer, (Royapettah Benefit Fund Limited), No. 2, Natesan Salai, PTC, Ashok Nagar, Chennai-600083.
7. The Official Liquidator (Royapettah Benefit Fund Limited), Madras High Court, Corporate Bhawan II, Finor No. 29, Rajaji Salai, Parrys, Chennai-600001.
ABDUL QUDDHOSE J.
RKM AND WP NO. 12451 OF 2026,WMP NO. 13617 OF 2026,WMP NO. 13619 OF 06-04-2026