Madras High CourtWP/1396/2026disposed of

Pandian Chinnapaiyan v. District Registrar

2026-01-30Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Pandian Chinnapaiyan, S/o. Chinnapaiyan, Residing at No.1/406, Jilbhagoundanur, Kothur, Thiruppathur, Vellore, Tamilnadu - 635 854.

..Petitioner Vs

1. District Registrar, District Registrar Office, District Collector Office, 4th floor, C-block, Tirupathur - 635601.

2. The Sub Registrar Natrampalli Sub Registrar Office, Thirupathur Taluk, Vellore District, Tamil Nadu - 635 852.

..Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for records relating to the impugned letter in Ref No. Na.Ka.No.3048/AA1/2025, dated 04.11.2025 passed by the 1st Respondent and quash the same and set aside the refusal check slips dated 30.09.2025 and 08.10.2025 and directing the respondent to the register the Court decree, dated 19.07.2002 in O.S.No.16/1999 passed by the learned Subordinate Judge's Court, Tirupattur, presented by the petitioner for registration on 30.09.2025 and release the same after due registration.

For Petitioner:

Mr. S.Praveennath For Respondents:

Mr.U.Baranidharan, Spl. G.P.

ORDER

The petitioner sought registration of the decree dated 19.07.2002 in O.S.No.16 of 1999. Taking note of multiple registered documents both prior and subsequent to the decree, the request for registration was declined under refusal check slip dated 08.10.2025. The matter was carried in appeal before the District Registrar, who declined to entertain the appeal under communication dated 04.11.2025.

2. Learned counsel for the petitioner submits that the reasons assigned in the refusal check slip for declining to register the court decree are untenable.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for both the respondents. He submits that the request for registration was declined in view of the number of registrations that were made both prior to the issuance of the decree and thereafter, especially in view of the efflux of time between the issuance of the decree and the request for registration.

4. Although the refusal order does not draw reference to Section 71 of the Registration Act, 1908, it is noticeable that it is a detailed order recording several reasons for refusal. In those circumstances, the District Registrar should have entertained the appeal under Section 72 of the Registration Act. Because he declined to entertain the appeal on the sole ground that no appeal is maintainable against a refusal check slip, the order of the District Registrar is set aside and the matter is remanded to the District Registrar for consideration of the appeal under Section 72. For this purpose, the order refusing to register shall be construed as an order under Section 71 of the Registration Act. After providing a reasonable opportunity to the petitioner and all others who would be affected by such order, a speaking order shall be issued under Section 72 by the District Registrar within one month from the date of receipt of a copy of this order.

SENTHILKUMAR RAMAMOORTHY, J.

5. The writ petition stands disposed of on the above terms. There will be no order as to costs.

30-01-2026 Index : Yes/No Internet:Yes/No kj To 1.District Registrar, District Registrar Office, District Collector Office, 4th floor, C-block, Tirupathur - 635601.

2.The Sub Registrar Natrampalli Sub Registrar Office, Thirupathur Taluk, Vellore District, Tamil Nadu - 635 852.