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Madras High CourtWP/12564/2026disposed of

D.Nagarajan v. The Sub Registrar

2026-04-08Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE D.Nagarajan ..Petitioner(s) Vs The Sub Registrar Vettavalam Sub Registrar Office Vettavalam Tirunnamalai District.

..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 order passed by the Respondent vide his proceedings in Refusal Check Slip in Refusal Number RFL/Vettavalam/Book 2 / 11 dated 06.03.2026 and to quash the same as illegal and incompetent and consequently direct the respondent to register the Settlement Deed dated 04.03.2026 executed by the petitioner in favour of his wife, Suganthi for the property bearing Plot No.7 Raja Nagar Layout comprised in S.No.194/1A measuring to an extent of 880 sq.ft. situated at Olaipadi Village, Kilpennathur Taluk, Tiruvannamalai District.

For Petitioner(s):

Mr.R.Mohan For Respondent(s):

Mr.P.Harish, GA

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 06.03.2026 issued by the respondent refusing to register the

settlement dated 04.03.2026 presented by the petitioner for registration on the ground that the petitioner will have to approach the Civil Court since a dispute has been raised by a third party.

2. The petitioner has challenged the impugned order on the ground of violation of the principles of natural justice. It is also contended by the petitioner that he has got the legal right to settle the property in favour of his wife as he is the absolute owner of the property.

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

4. As seen from the impugned refusal check slip, the petitioner was not afforded of any opportunity of hearing prior to the passing of the impugned order. Neither the petitioner's contentions nor the supporting documents produced by him were considered in the impugned order. The petitioner categorically contends that he is the absolute owner of the property and there is no necessity for the petitioner to approach the Civil Court.

5. Being a non-speaking order with regard to the petitioner's contentions and the supporting documents produced by him, and an order passed in violation of the principles of natural justice, this Court is of the considered view

that the impugned refusal check slip dated 06.03.2026 issued by the respondent has to be quashed and the matter remanded back to the respondent for fresh consideration on merits and in accordance with law.

6. Accordingly, this writ petition is disposed of in the following manner:- (a) The impugned refusal check slip dated 06.03.2026 is quashed by this Court and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law.

(b) The petitioner shall submit a written explanation to the respondent stating as to why there is no legal impediment for the respondent to register the settlement deed dated 04.03.2026 presented by the petitioner for registration, along with supporting documents, within a period of one week form the date of receipt of a copy of this order.

(c) On receipt of the same within the time stipulated, the respondent shall issue notice to the party who has filed a protest petition opposing registration of the said settlement deed, and after hearing the objections of the said party, and after giving due consideration to the supporting documents produced by all the parties, shall

take a final decision with regard to registration of the settlement deed presented by the petitioner, on merits and in accordance with law, within a period of four weeks thereafter.

(d) If the respondent decides to refuse to register the settlement deed, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by him.

No Costs. W.M.P.No.13722 of 2026 is ordered. 08-04-2026 Index: Yes/No Speaking/Non-speaking order RKM To The Sub Registrar Vettavalam Sub Registrar Office Vettavalam Tirunnamalai District.

ABDUL QUDDHOSE, J.

RKM 08-04-2026