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Madras High CourtWP/14135/2026disposed of

Arun Bhaskar v. The Inspector General Of Registration

2026-04-15Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Arun Bhaskar ..Petitioner(s) Vs

1. The Inspector General of Registration No.100, Santhome High Road, Chennai-600 028.

2. The Sub Registrar Neelankarai, Chengalpattu District- 600 115.

..Respondent(s) Call for the records of the 2nd Respondent culminating in Refusal Check Slip No. 27/2026 dated 25.03.2026, to quash the same, and Consequently direct the 2nd Respondent to adjudicate the General Power of Attorney dated 06.03.2026 executed at Malaysia in favour of Petitioner by 1. Mrs.Saraswathy, wife of Late Mr. Arivanandar and 2.Mr.Sivanesh, son of late Mr.Aravanandar, the Principals therein without insisting upon the production of the original parent document (Sale deed dated 03.08.1979 registered as Document No.1221 of 1979 in the office of Sub Registrar , Neelankarai) and Legal Heirship Certificates, and further consequently direct the 2nd respondent to accept and Register the sale deed to be presented and executed by the petitioner based on the aforesaid adjudicated General Power of Attorney. For Petitioner(s):

Mr.P.V.Balasubramaniam Senior Counsel fro M/s.VAT LEGAL For Respondent(s):

Mr.U.Baranidharan,SGP

Order This writ petition has been filed, challenging the impugned refusal check slip dated 25.03.2026 issued by the second respondent, refusing to adjudicate the General Power of Attorney dated 06.03.2026, executed at Malaysia in favour of the petitioner by a)Saraswathi and b)Sivanesh, the principals. 2.According to the second respondent, as seen from the impugned refusal check slip dated 25.03.2026, the General Power of Attorney, presented by the petitioner could not be adjudicated since the petitioner has not produced the documents reflected in the impugned refusal check slip. 3.Learned Senior Counsel appearing for the petitioner, on instructions would submit that the petitioner is possessing all the requisite documents, which were presented before the second respondent along with the General Power of Attorney dated 06.03.2026.

According to him, by total non-application of mind to the same, the second respondent has issued the impugned refusal check slip as if the petitioner did not produce the requisite documents required for adjudication of the General Power of Attorney. Learned Senior Counsel appearing for the petitioner would also submit that in Malaysia, there is no provision for obtaining a legal heirship certificate as is the case in India.

notary public in Malaysia and it would suffice to prove as to who are the legal heirs of the deceased person. He would submit that the said affidavit is duly authenticated by the Court in Malaysia as well as the Consular Officer in Malaysia.

4.Mr.U.Baranidharan, learned Special Government Pleader accepts notice on behalf of the respondents.

5.Since the contentions of the petitioner as raised in this writ petition have not been considered by the second respondent while issuing the impugned refusal check slip dated 25.03.2026, this Court is of the considered view that the impugned refusal check slip dated 25.03.2026 issued by the second respondent has to be quashed and the matter has to be remanded back to the second respondent for fresh consideration, on merits and in accordance with law. 6.Accordingly, this writ petition is disposed of and the impugned refusal check slip dated 25.03.2026 issued by the second respondent is quashed and the matter is remanded back to the second respondent for fresh consideration, on merits and in accordance with law. The petitioner shall submit a written explanation along with the supporting documents stating as to how there is no legal impediment for the second respondent to adjudicate the General Power of Attorney dated 06.03.2026, executed at Malaysia in favour of the petitioner by

a)Saraswathy and b)Sivanesh, without insisting upon the production of the original parent document/Sale deed dated 03.08.1979, registered as Document No.1221 of 1979 in the office of Sub Registrar, Neelankarai and Legal Heirship Certificates, within a period of one week from the date of receipt of a copy of this order. On receipt of the said written explanation along with the supporting documents within the stipulated time from the petitioner, the second respondent, after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the petitioner, shall take a final decision as to whether the General Power of Attorney dated 06.03.2026 executed in Malaysia in favour of the petitioner by a)Saraswathy and b)Sivanesh can be adjudicated or not, within a period of 4 weeks thereafter.

In case the second respondent decides to refuse adjudication of the General Power of Attorney, the second respondent shall pass a speaking order, after giving due consideration to the written explanation submitted by the petitioner as well as the supporting documents produced by the petitioner. In case the second respondent accepts to adjudicate the General Power of Attorney, presented by the petitioner, the second respondent is directed to register the sale deed presented by the petitioner, based on the said adjudication if the same is otherwise in order. No costs.

15-04-2026 Index: Yes/No Speaking/Non-speaking order VGA

To

1. The Inspector General of Registration No.100, Santhome High Road, Chennai-600 028.

2. The Sub Registrar Neelankarai, Chengalpattu District- 600 115.

ABDUL QUDDHOSE J.

VGA 15-04-2026