C.Radhakrishnan v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-04-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP NO. 17025 OF 2026,WMP NO. 17024 OF 2026
1. C.Radhakrishnan S/o Chinnaiya, No 96, Rice Mill Backside, Athur Post, manur, Tindivanam Taluk, Villupuram 604 001
2. R.Arungiri S/o Radhakrishna, No 96, Rice Mill Backside, Athur Post, manur, Tindivanam Taluk, Villupuram 604 001
3. K.Aruna W/o Kumar, No 90/1, amari Street, Nadu Kuppam village, Tindivanam Taluk, Villupuram 604 303
4. V. Kalpana W/o Velu, No 93 Pillayar Kovil Street, Venmaniyathur Village, Tindivanam Taluk, Villupuram 604303 Petitioner(s) Vs
1. The Inspector General of Registration Office fo Inspector Generla of Registration No 100 Santhome Highway, Pattinapakakm, Chennai 28 2.The District Registrar The district Registrar office, Santhaimedu, Avarapakakm,Tindivanm, Villupuram District 604 303
3.The Sub Registrar office of sub registrar, Santhaimedu, Avarpakkam, Tindivanam, Villupuram District 604 002 Respondent(s) PRAYER Calling the records of the 3rd Respondent vide Refusal check slip No RFL / AVARAPAKKAM / 9 / 2026 dated 20.01.2026 (Impugned Refusal Slip) and quash the same as illegal and arbitrary and further direct the 3rd Respondent to register the partition Deed Document Dated 20.01.2026 produced by the petitioners pertaining to the property measuring to an extent of acre 2.23.7 cents, bearing survey nos 35/1, 35/7A1, 90/6 situated at mannur village Avarapakakm SRO Tindivanam Taluk, Villupuram 604 001. For Petitioner(s):
Mr.G.Mohammed Aseef For Respondent(s):
Mr.P.Harish Govt.Advocate For Respondent
ORDER
This writ petition has been filed, challenging the impugned refusal check slip dated 20.01.2026 issued by the third respondent, refusing to register the partition deed dated 20.01.2026 presented by the petitioner for registration on the ground that the very same property, which is the subject matter of the partition deed presented by the petitioner for registration was already dealt with by the first petitioner's sister.
2. The petitioner has challenged the impugned order on the ground that the impugned refusal check slip dated 20.01.2026 is a non speaking order with regard to the contentions of the petitioner and the impugned order 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 20.01.2026.
3. According to the petitioner, the first petitioner and his sister, who had executed the earlier document, which has been relied upon by the third respondent have compromised the dispute amongst themselves and therefore, the third respondent ought not to have relied upon the said document executed by the first petitioner's sister for refusing to register the partition deed presented by the petitioner for registration.
4. As seen from the impugned refusal check slip dated 20.01.2026, the petitioner's contentions as raised in this writ petition along with the petitioner's supporting documents have not been considered by the third respondent. The petitioner was also not afforded any opportunity of hearing by the third respondent prior to passing of the impugned refusal check slip dated 20.01.2026.
5. Since the impugned refusal check slip dated 20.01.2026 is a nonspeaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned refusal check slip dated 20.01.2026 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, the impugned refusal check slip dated 20.01.2026 issued by the third respondent is hereby 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 to the third respondent along with supporting documents, stating as to why there is no legal impediment for the third respondent to register the partition deed dated 20.01.2026 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 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 partition deed dated 20.01.2026 can be registered or not within a period of three weeks thereafter, after hearing all the necessary parties.
7. In case, the third respondent decides to refuse registration of the partition deed dated 20.01.2026 presented by the petitioner, the third 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, W.M.P. No.17024 of 2026 is ordered subject to payment of separate Court fee and W.M.P. No.17025 of 2026 is closed. 27-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To 1.The Inspector General of Registration Office fo Inspector Generla of Registration No 100 Santhome Highway, Pattinapakakm, Chennai 28 2.The District Registrar The district Registrar office, Santhaimedu, Avarapakakm,Tindivanm, Villupuram District 604 303 3.The Sub Registrar office of sub registrar, Santhaimedu, Avarpakkam, Tindivanam, Villupuram District 604 002
ABDUL QUDDHOSE J.
ab AND WMP NO. 17025 OF 2026,WMP NO.
17024 OF 2026 27-04-2026