Madras High CourtWP/14147/2026disposed of

Mr.Palanivel v. The District Revenue Officer (Dro)

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 MR.Palanivel ..Petitioner(s) Vs

1. The District Revenue officer (DRO) Harur Division, Dharmapuri.

2. The District Registrar Dharmapuri District Registrar Office Dharmapuri District .

3. The Sub-registrar Harur Sub-Registrar Office Harur, Dharmapuri District .

4. Chinnagounder

5. Palanisamy ..Respondent(s) Calling for the records of the 3rd respondent herein pertaining to his proceeding in RFL/Harur/87/2026 dated 20.03.2026 and quash the same and further direct the 3rd respondent herein to register the Sale Deed and return the same to the petitioner.

For Petitioner(s):

Mr.M.Selvam For Respondent(s):

Mr.U.Baranidharan,SGP For R1 to R3 R4 & R5-Pvt notice dispensed with

Order Even though in the affidavit in all other places, the petitioner has inadvertently stated that the third respondent has passed the impugned refusal check slip, it was infact, the third respondent, who has passed the impugned refusal check slip. Therefore, the same has been corrected by this Court in this order.

2.This writ petition has been filed, challenging the impugned refusal check slip dated 20.03.2026 issued by the third respondent, refusing to register the Sale Deed, presented by the petitioner for registration on the ground that in the encumbrance certificate, the property, which is the subject matter of the Sale deed, presented by the petitioner for registration, has already been dealt with. 3.The petitioner categorically contends before this Court that he is the owner of the property and there is no legal impediment for him to sell the same under the Sale deed, which is presented for registration. The petitioner has filed supporting documents along with this writ petition in support of his contention. 4.Mr.U.Baranidharan, learned Special Government Pleader accepts notice on behalf of respondents 1 to 3. Since no adverse order is being passed against respondents 4 and 5, notice to respondents 4 and 5 is dispensed with by this Court.

5.Admittedly, the petitioner was not afforded an opportunity of hearing by the third respondent before issuing the impugned refusal check slip dated 20.03.2026. The contentions of the petitioner as raised in this writ petition have not been considered by the third respondent while issuing the impugned refusal check slip dated 20.03.2026. The supporting documents produced by the petitioner have also not been considered. Being a non-speaking order and an order passed in violation of principles of natural justice, this Court is of the considered view that the impugned refusal check slip dated 20.03.2026 issued by the third respondent has to be quashed and the matter has to be remanded back to the third 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 20.03.2026 issued by the third respondent is quashed and the matter is remanded back to the third respondent for fresh consideration, on merits and in accordance with law. The petitioner shall submit a written explanation along with the supporting documents to the third respondent stating as to why there is no legal impediment for the third respondent to register the Sale Deed, presented by the petitioner for registration, 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 third 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 sale deed presented by the petitioner for registration can be registered or not, within a period of 4 weeks thereafter. In case the third respondent decides to refuse registration of the Sale Deed, the third 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. No costs.

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

1. The District Revenue officer (DRO) Harur Division, Dharmapuri.

2. The District Registrar Dharmapuri District Registrar Office Dharmapuri District .

3. The Sub-registrar Harur Sub-Registrar Office Harur, Dharmapuri District .

ABDUL QUDDHOSE J.

VGA 15-04-2026