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Madras High CourtWP/33539/2025disposed of

M/S. G.Square Realtors (P) Ltd v. The Sub Registrar

2026-03-25Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s.G.Square Realtors (P) Ltd., Represented by its Authorized Signatory, E.Udhayakumar, Having its office at:

"Century Centre", No.75, TTK Road, Alwarpet, Chennai - 600 018.

... Petitioner Vs.

1.The Sub-Registrar, Gandhipuram Sub-Registrar's Office, Gandhipuram, Coimbatore - 641 035.

2.C.B.Murali 3.B.M.Naveen [R2 & R3 impleaded vide order dt.25.10.2025 made in W.M.P.No.41167/2025 in W.P.No.33539/2025] ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the respondent in refusal check slip No.RFL/Gandhipuram/23/2025 dated 23.08.2025, thereby refusing to register the document and quash the same as illegal, Page No.1 of 6

incompetent and without jurisdiction and further direct the respondent to register the sale deed dated 23.08.2025, presented by the petitioner, within a time frame as may be fixed by this Court. For Petitioner : Ms.K.Indupriya for M/s.GSK Law Firm For Respondents : Mr.U.Baranidharan Special Government Pleader [R1] Mr.T.Sai Krishnan [R2 & R3] *****

ORDER

This Writ Petition has been filed challenging the impugned refusal check slip dated 23.08.2025 issued by the 1st respondent, refusing to register the sale deed dated 23.08.2025 presented by the petitioner for registration on the ground that the petitioner did not produce the life certificate for the respondents 2 and 3.

2. The petitioner has challenged the impugned refusal check slip on the ground of violation of the principles of natural justice and on the ground that it has been passed by total non-application of mind. Page No.2 of 6

3. Notice was issued to the respondents 2 and 3 in this writ petition and they are now represented by their learned counsel. On instructions, he would submit that the respondents 2 and 3 are very much alive. In view of the same, the reason given by the 1st respondent for refusing to register the sale deed presented by the petitioner for registration no longer remains. However, the learned counsel appearing for the respondents 2 and 3 would submit that the respondents 2 and 3 have already filed a protest petition before the 1st respondent requesting the 1st respondent not to register any document pertaining to the very same property. Necessarily, the respondents 2 and 3 will have to be heard by the 1st respondent before deciding to register the sale deed presented by the petitioner for registration. However, the respondents 2 and 3 cannot now take a stand with regard to the non-production of the life certificate by the petitioner.

4. Since the impugned refusal check slip has been issued without affording any opportunity of hearing to the petitioner and by total nonapplication of mind to the fact that the respondents 2 and 3 are very much alive, the impugned refusal check slip dated 23.08.2025 issued by the 1st Page No.3 of 6

respondent has to be quashed and the matter has to be remanded back to the 1st respondent for fresh consideration on merits and in accordance with law.

5. Accordingly, this Court is inclined to dispose of this writ petition in the following manner:- (a) The impugned refusal check slip dated 23.08.2025 is quashed by this Court and the matter is remanded back to the 1st respondent for fresh consideration on merits and in accordance with law. (b) The petitioner shall submit a written explanation to the 1st respondent within a period of two (2) weeks from the date of receipt of a copy of this order, as to why the 1st respondent has to accept the registration of the sale deed presented by the petitioner for registration, along with supporting documents.

(c) On receipt of the same within the time stipulated, the 1st respondent, after hearing the objections of the respondents 2 and 3 and after giving due consideration to the contentions as well as the supporting documents produced by all the parties, shall take a final decision with regard to registration Page No.4 of 6

of the sale deed presented by the petitioner, on merits and in accordance with law, within a period of four

(4) weeks thereafter.

(d) If the 1st respondent decides to refuse registration of the sale deed, the 1st respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by all the parties.

6. In the above terms, this Writ Petition is disposed of. No costs. 25.03.2026 Index : Yes / No (3/3) Speaking order / Non-speaking order sp To The Sub-Registrar, Gandhipuram Sub-Registrar's Office, Gandhipuram, Coimbatore - 641 035.

Page No.5 of 6

ABDUL QUDDHOSE, J.

sp 25.03.2026 (3/3) Page No.6 of 6