← Library
Madras High CourtWP/49321/2025disposed of

C.Amarnath v. The Inspector General Of Registration

2026-01-06Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY C.Amarnath, S/o. Chellappan, No.6/66, Thottipalayam, Coodakarai, Nambiyur Taluk, Erode District-638454.

..Petitioner Vs

1. The Inspector General of Registration, O/o. The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, O/o. District Registrar Office, Erode District, Erode.

3. The Sub-Registrar, Sub Registrar Office, Sathiyamangalam, Erode District.

..Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned refusal check slip in RFL/Sathiyamangalam/33/2025 dated 19.11.2025 issued by the 3rd Respondent and quash the same as illegal and consequently directing the 3rd Respondent to accept and register the Partition deed dated 13.11.2025 presented by the petitioner.

For Petitioner:

Mr. M. Kalaiyarasan For Respondents:

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

ORDER

An order dated 19.11.2025 refusing to register the partition deed dated 13.11.2025 is challenged in this writ petition.

2. By referring to the impugned refusal check slip, learned counsel for the petitioner submits that the reasons for refusal are untenable. He points out that the first reason for refusal is the reliance on unregistered partition deed dated 10.11.2010. The other reason for refusal relates to the alleged lack of title. Learned counsel submits that the registering officer does not have the authority to examine and adjudicate questions of title.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for all the respondents. He submits that the refusal check slip was issued without hearing the petitioner with regard to the objections raised therein. Therefore, he submits that the petitioner may be permitted to submit a response to the refusal check slip and that a speaking order under Section 71 of the Registration Act, 1908 would be issued.

4. In view of the submissions of learned Special Government Pleader, this writ petition is disposed of on the following terms: (i) The petitioner is permitted to submit objections or provide an explanation with regard to the refusal check slip within two weeks from the date of receipt of a copy of this order.

(ii) After considering the same and after providing a personal hearing to the petitioner, a speaking order under Section 71 of the Registration Act, 1908 shall be issued within one month from the date of receipt of the petitioner's reply.

There will be no order as to costs.

06-01-2026 Index : Yes/No Internet:Yes/No kj To

1. The Inspector General of Registration, O/o. The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, O/o. District Registrar Office, Erode District, Erode.

3. The Sub-Registrar, Sub Registrar Office, Sathiyamangalam, Erode District.

SENTHILKUMAR RAMAMOORTHY, J.

KJ 06-01-2026