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Madras High CourtWP/45478/2025disposed of

B.D.Rajendran v. The Inspector General Of Registration

2026-03-23Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE B.D.Rajendran ..Petitioner(s) Vs

1. The Inspector General Of Registration 100, Santhome High Road, Chennai- 600 028

2. The Sub Registrar Office Of Sub- Registrar, Arakkonam ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of ceriorarified mandamus to call for the records pertaining to the impugned refusal order vide Mu.Mu. En.214/ 2025 dated 08.10.2025 issued by the 2nd respondent and quash the same as arbitrary, illegal and non-est in law, consequently direct the 2nd respondent to register the sale deed dated 03.10.2025 and release the same to the petitioner within the time frame fixed by this court.

For Petitioner(s):

Mr.B.Vijay For Respondent(s):

Mr.U.Baranidharan, SGP

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 08.10.2025 passed by the second respondent refusing to register the sale deed presented by the petitioner for registration on the following grounds:-

(a) The name and address mentioned in the sale deed does not match with the Aadhar card.

(b) The petitioner did not produce the Encumbrance Certificate for the last 10 days prior to the date of presentation of the sale deed for registration. (c) The petitioner has not mentioned the survey number numerically as well as in words in the sale deed.

(d) The valuation has not been mentioned in the sale deed as per the Rules.

2. The petitioner has challenged the impugned refusal check slip on the ground that it is a non-speaking order with regard to the petitioner's contentions as raised in this writ petition. The petitioner categorically contends that the defects pointed in the impugned refusal check slip have been fulfilled by the petitioner.

3. As seen from the impugned refusal check slip, the petitioner was not afforded of any opportunity of hearing prior to the passing of the impugned order. Neither the petitioner's contentions nor the supporting documents produced by him were considered in the impugned order. Being a non-speaking order with regard to the petitioner's contentions and the supporting documents produced by him, and an order passed in violation of the principles of natural justice, this Court is of the considered view that the impugned refusal check slip

dated 08.10.2025 issued by the second respondent has to be quashed and the matter remanded back to the second respondent for fresh consideration on merits and in accordance with law.

4. Accordingly, this writ petition is disposed of in the following manner:- (a) The impugned refusal check slip dated 08.10.2025 is quashed by this Court and the matter is remanded back to the second respondent for fresh consideration on merits and in accordance with law.

(b) The petitioner shall submit a written explanation to the second respondent stating as to why there is no prohibition for the second respondent to register the sale deed presented by the petitioner for registration, with supporting documents, within a period of one week form the date of receipt of a copy of this order.

(c) On receipt of the same within the time stipulated, the second respondent, after giving due consideration to the written explanation submitted by the petitioner along with supporting documents, shall take a final decision with regard to registration of the sale deed presented by the petitioner, on merits and in accordance with law, within a period of three weeks thereafter.

(d) In case the second respondent decides to refuse to register the sale deed, the second respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by him.

No Costs.

23-03-2026 RKM To

1. The Inspector General Of Registration 100, Santhome High Road, Chennai- 600 028

2. The Sub Registrar Office Of Sub- Registrar, Arakkonam

ABDUL QUDDHOSE, J.

RKM 23-03-2026