K.Kumar v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-08-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Kumar Petitioner(s) Vs The Sub Registrar Rishivandiyam Registrar Office, Kallakuruchi District.

Respondent(s) PRAYER: Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus to call for the record pertaining to the impugned order bearing Refusal Number: RFL/Rishivandiyam/33/2025 dated 23.07.2025 passed by the Respondent is illegal and quash the same, subsequently directing the Respondent to register the Petitioner's document bearing Temporary No. TP/227292419/2025.

For Petitioner(s):

M/s.S.Haripriya For Respondent:

Mr.U.Baranidharan, Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 1/6

2. The present petition is filed challenging the refusal check slip dated 23.07.2025 bearing No.RFL/Rishivandiyam/33/2025 issued by the Respondent whereby the sale deed sought to be registered was refused registration on the premise that the Executant was not present nor has even signed the sale deed. It was also found that the layouts do not have the approval/sanction from the appropriate Authority.

3. Learned counsel for the petitioner would submit that they would represent the document/sale deed along with the signature of the Executant and would also ensure that the Executant is present and also submit their explanation as to the absence of approval rather relevance or otherwise. On such representation, the respondent authorities may consider the same and pass appropriate orders in accordance with law.

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4. At this stage, the Learned Special Government Pleader appearing for the respondent submitted that the petitioner may re-present the document viz., Sale Deed along with their explanation as to the reasons set out in the refusal check slip and on such re-presentation, the Sale Deed would be registered, if it is otherwise in order. If for any reason, registration of sale deed is sought to be refused, the respondent shall would refusal slip/order assigning appropriate reasons. Agreed to by the learned counsel for petitioner.

5. In view thereof, the impugned refusal check slip issued by the respondent dated 23.07.2025 is hereby set aside. The petitioner would re-submit the Sale Deed before the respondent along with their explanation to the reasons set out for refusal to register the sale deed/document in the refusal slip. On such resubmission, the respondent shall register the sale deed, within a period of four weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, if it is otherwise in order. If for any reason, the respondent authority is of the view that the sale deed ought to be refused registration, he shall issue refusal slip/order after assigning appropriate reasons. 3/6

6. With the above directions, this Writ Petition is disposed of. No costs.

14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Nhs 4/6

To The Sub Registrar Rishivandiyam Registrar Office, Kallakuruchi District.

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MOHAMMED SHAFFIQ J.

Nhs 14-08-2025 6/6