Saraswathy, v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2026 CORAM :
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Saraswathy ... Petitioner Vs.
1.The State Rep by, The Sub-Registrar, Sub-Registration office, Padapai, Kancheepuram District.
2.Kumutha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for records pertaining to the refusal of registration slip issued by the 1st respondent bearing No.RFL/Padappai/26/2026 dated: 03.03.2026 to quash the same as illegal and consequently direct the 1st respondent to register the document dated 03.03.2026 which was placed it for registration.
For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.P.Harish Government Advocate [R1] Notice dispensed with [R2] ***** Page No.1 of 6
ORDER
This Writ Petition has been filed challenging the impugned refusal check slip, dated 03.03.2026 issued by the 1st respondent, refusing to register the sale deed, dated 03.03.2026 presented by the petitioner for registration on the following grounds :- (a) a protest petition has been filed by 2nd respondent herein opposing registration of any document pertaining to the property, which is the subject matter of the sale deed presented by the petitioner for registration; (b) the property which is the subject matter of the sale deed presented by the petitioner for registration has already been dealt with by another party i.e., the 2nd respondent.
2. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the 1st respondent. Since no adverse order is passed against the 2nd respondent in this writ petition, notice to the 2nd respondent is dispensed with by this Court.
3. The petitioner categorically contends before this Court that there is no legal impediment for the registration of the sale deed presented by the petitioner for registration. She has filed supporting documents Page No.2 of 6
along with this writ petition in respect of her case that there is no legal impediment for the registration of sale deed presented by the petitioner for registration. According to the petitioner, by total non-application of mind to the supporting documents, which includes the revenue records standing in the name of the petitioner, the 1st respondent has issued the impugned refusal check slip, dated 03.03.2026. The petitioner has also challenged the impugned refusal check slip on the ground of violation of the principles of natural justice as no opportunity of hearing was granted to the petitioner by the 1st respondent before issuing the impugned refusal check slip.
4. Learned Government Advocate appearing for the 1st respondent would re-iterate the contents of the impugned refusal check slip.
5. However, as seen from the impugned refusal check slip, the contentions of the petitioner as raised in this writ petition have not been considered by the 1st respondent. No opportunity of hearing was also granted to the petitioner by the 1st respondent before issuing the impugned refusal check slip, dated 03.03.2026. Page No.3 of 6
6. No prejudice would be caused to any of the parties, if a final decision is taken by the 1st respondent as to whether the sale deed presented by the petitioner can be registered or not, after hearing all the necessary parties, which includes the 2nd respondent, who has filed the protest petition, within a time frame to be fixed by this Court.
7. This Court is not expressing any opinion on the merits of the respective contentions.
8. For the foregoing reasons, since the impugned refusal check slip is a non-speaking order with regard to the contentions of the petitioner and the supporting documents produced by her and it is an order issued in violation of the principles of natural justice, the impugned refusal check slip, dated 03.03.2026 issued by the 1st respondent is hereby quashed by this Court and the matter is remanded back to the 1st respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the 1st respondent, within a period of one (1) week form the date of receipt of a copy of this order, as to why there is no legal impediment for the 1st respondent to Page No.4 of 6
register the sale deed, dated 03.03.2026 presented by the petitioner for registration, along with supporting documents. On receipt of the same within the stipulated time, the 1st respondent, after giving due consideration to the written explanation submitted by the petitioner along with supporting documents, and the objections of the 2nd respondent, who has filed the protest petition, shall take a final decision as to whether the sale deed, dated 03.03.2026 presented by the petitioner can be registered or not, within a period of three (3) weeks thereafter. In case, the 1st respondent decides to refuse registration of the sale deed, dated 03.03.2026 presented by the petitioner, the 1st respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by her.
9. In the above terms, this Writ Petition is disposed of. No costs. 20.04.2026 Index : Yes / No Speaking order / Non-speaking order sp To The Sub-Registrar, Sub-Registration office, Padapai, Kancheepuram District.
Page No.5 of 6
ABDUL QUDDHOSE, J.
sp 20.04.2026 Page No.6 of 6