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Madras High CourtWP/15819/2026disposed of

S.Manikandan, v. The Sub Registrar,

2026-04-27Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 17034 OF 2026

1. S.Manikandan, S/o.Sakthivel, No. 2/459, Mookambikai Nagar, West Street, Iduvampalayam, Tiruppur District, Pin.641 687.

Petitioner(s) Vs

1. The Sub Registrar, Nallur, Kangayam Road, Tiruppur.

Respondent(s) PRAYER Calling for the records of the impugned order passed by the respondent by its impugned order dated 11.11.2025 vide Na.Ka.No. 471 of 2025 and to direct the respondent to accept and register petitioner document with a time frame fixed by this Court on the file of this Court For Petitioner(s):

Mr.H.Manojin For Respondent(s):

Mr.P.Harish Govt.Advocate For Respondent

ORDER

This writ petition has been filed, challenging the impugned refusal check slip dated 11.11.2025 issued by the respondent, refusing to register the settlement deed presented by the petitioner for registration on the ground that the Hindu Religious and Charitable Endowments (HR&CE) Department has

staked a claim over the very same property which is the subject matter of the settlement deed presented by the petitioner for registration.

2. The petitioner has challenged the impugned refusal check slip dated 11.11.2025 on the ground that it is a non speaking order with regard to the contentions of the petitioner and also on the ground that it has been passed in violation of the principles of natural justice as the petitioner was not afforded any opportunity of hearing prior to the passing of the impugned refusal check slip dated 11.11.2025.

3. The petitioner categorically contends before this Court that he is having the legal right to execute the settlement deed and therefore, according to him, by total non application of mind to the documents produced by the petitioner, the respondent has passed the impugned refusal check slip dated 11.11.2025.

4. As seen from the impugned refusal check slip dated 11.11.2025, the petitioner's contentions as raised in this writ petition along with the petitioner's supporting documents have not been considered by the respondent. The petitioner was also not afforded any opportunity of hearing by the respondent prior to passing of the impugned refusal check slip dated 11.11.2025.

5. Since the impugned refusal check slip dated 11.11.2025 is a non-

speaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned refusal check slip dated 11.11.2025 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.

6. Accordingly, the impugned refusal check slip dated 11.11.2025 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 petitioner shall submit a written explanation to the respondent along with supporting documents, stating as to why there is no legal impediment for the respondent to register the settlement 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 same, within the stipulated time, the 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 settlement deed can be registered or not within a period of four weeks thereafter.

7. In case, the respondent decides to refuse registration of the settlement deed presented by the petitioner, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by the petitioner.

8. With the aforesaid directions, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 27-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The Sub Registrar, Nallur, Kangayam Road, Tiruppur.

ABDUL QUDDHOSE J.

ab 27-04-2026 (3/3)