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Madras High CourtWP/14720/2026disposed of

I. Shajahan 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 HON'BLE MR JUSTICE ABDUL QUDDHOSE WP No. 14720 of 2026 AND WMP NO. 15985 OF 2026

1. I. Shajahan

2. Nasar Basha ..petitioners Vs The Sub Registrar Sub Registrars office Valighandapuram Perambalur District ..Respondent calling for the records pertaining to the order passed by the respondent in RFL/Valighandapuram/35/2026 dated 20.3.2026 and quash the same and consequently direct the respondent to register the petitionerss deed of the General Power of Attorney dated 20.3.2026 within a stipulated period. For petitioners:

Mr.T. Saravanan For Respondent:

Ms.Aswini Devi,AGP Order WMP. No.15985 of 2026 is ordered subject to the payment of separate court fee.

2.This writ petition has been filed, challenging the impugned refusal check slip dated 20.03.2026 issued by the respondent, refusing to register the

General Power of Attorney dated 20.03.2026, presented by the petitioners for registration on the ground that the boundaries of the property and the pathway have not been properly disclosed in the schedule to the Power of Attorney. 3.The petitioners categorically contend that a proper description of the property was given by the petitioners in the schedule to the General Power of Attorney dated 20.03.2026.

4.Ms.Aswini Devi, learned Additional Government Pleader accepts notice on behalf of the respondent.

5.Learned counsel for the petitioners drew the attention of this Court to the Power of Attorney dated 20.03.2026, which was presented for registration and would submit that a proper description of the property was given by the petitioners. According to them, by total non-application of mind, the impugned refusal check slip dated 20.03.2026 has been issued by the respondent. The petitioners have also challenged the impugned refusal check slip on the ground of violation of principles of natural justice as no opportunity of hearing was granted to the petitioners by the respondent prior to the passing of the impugned refusal check slip dated 20.03.2026.

6.As seen from the impugned refusal check slip dated 20.03.2026 issued by the respondent, the contentions of the petitioners as raised in this writ petition along with the supporting documents have not been considered by the respondent. The petitioners were also not afforded an opportunity of hearing by the respondent before issuing the impugned refusal check slip dated 20.03.2026. 7.Being a non-speaking order with regard to the contentions of the petitioners as raised in this writ petition and being an order passed in violation of the principles of natural justice, the impugned refusal check slip dated 20.03.2026 issued by the respondent 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, this writ petition is disposed of and the impugned refusal check slip dated 20.03.2026 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 respondent shall afford one opportunity of personal hearing to the petitioners and after giving due consideration to the contentions of the petitioners as raised in this writ petition, shall take a final decision as to whether the General Power of Attorney dated 20.03.2026, presented by the petitioners for registration can be registered or not, within a period of 8 weeks from the date of receipt of a copy of this order. In case the respondent decides

to refuse registration of the General Power of Attorney, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioners as raised in this writ petition as well as the supporting documents produced by them. No costs.

20-04-2026 Index: Yes/No Speaking/Non-speaking order VGA

To The Sub Registrar Sub Registrars office Valighandapuram Perambalur District

ABDUL QUDDHOSE J.

VGA AND WMP NO. 15985 OF 2026 20-04-2026