Iyyappan v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2025

CORAM

THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.35316 of 2025 & W.M.P(MD)No.28008 of 2025 Iyyappan

...Petitioner

vs.

The Sub Registrar, Pettai Sub Registrar Office, Tirunelveli District.

...Respondent

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records in the impugned refusal check silp No.56/2025 dated 17.10.2025 on the file of the respondent and quash the same as illegal. Consequently, direct the respondent to register sale deed dated 17.10.2025 within the time to be fixed by this Court.

For Petitioner : Mr.S.Kumar For Respondent : Mr.M.Lingadurai Special Government Pleader

ORDER

This Writ Petition has been filed challenging the impugned refusal check silp No.56/2025 dated 17.10.2025 on the file of the respondent and direct the respondent to register sale deed dated 17.10.2025. 1/4

2. The learned counsel appearing for the petitioner would submit that the respondent refused to register the sale deed presented by the petitioner on the ground that some third party made objections. However, no notice was issued to the petitioner or objector. Hence, prayed to allow this Writ Petition.

3. The learned Special Government Pleader appearing for the respondent would submit that since there were objections by third party, the sale deed presented by the petitioner was not registered. However, if the Court quashes the impugned refusal slip and remand the matter back to the Authorities, they will issue notice to the petitioner and objector and consider the matter afresh.

4. I have given due consideration to the submissions made on either sides.

5. In the present case, sale deed dated 17.10.2025 presented by the petitioner was refused to be registered by the respondent vide impugned refusal slip dated 17.10.2025, without assigning any reasons and without hearing the petitioner. If an opportunity was provided to the petitioner, he would have given explanation, in respect of the objections. However, no 2/4

such opportunity was provided, which is in violation of principles of natural justice. In such circumstances, the impugned refusal slip dated 17.10.2025 is liable to be set aside and accordingly, the same is set aside.

6. This Writ Petition is disposed of with a direction to the petitioner to re-present the sale deed and on such re-presentation, the respondent is directed to issue notice to the petitioner as well as all the affected parties, hear both the parties and thereafter, consider the sale deed presented by the petitioner in accordance with law. No costs. 09.12.2025 (2/2) Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi To The Sub Registrar, Pettai Sub Registrar Office, Tirunelveli District.

3/4

KRISHNAN RAMASAMY, J.

mbi 09.12.2025 (2/2) 4/4