Annathurai v. Sub Registrar

ORDER This Writ Petition has been filed challenging the impugned refusal check slip, dated 18.12.2025 issued by the 1st respondent, refusing to register the sale deed, dated 11.12.2025 presented by the petitioners for registration on the ground that the very same property has already been dealt with by the respondents 2 to 4.

¶2Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the 1st respondent. Since no adverse order is passed against the respondents 2 to 4 in this writ petition, notice to the respondents 2 to 4 is dispensed with by this Court.

¶3The petitioners categorically contend before this Court that in violation of the final decree passed in favour of the petitioners by the civil court, the 1st respondent has allowed the registration of a document in favour of the respondents 2 to 4. The petitioners have filed supporting documents along with this writ petition in support of their case that by total non-application of mind to the fact that the petitioners are the owners of the property, the 1st respondent has allowed the registration of a document in favour of the respondents 2 to 4, that too, after the passing of Page No.2 of 7 the final decree in favour of the petitioners by the civil court. The petitioners have also challenged the impugned refusal check slip on the ground of violation of the principles of natural justice as no opportunity of hearing was granted to the petitioners by the 1st respondent before issuing the impugned refusal check slip.

¶4As seen from the impugned refusal check slip, the contentions of the petitioners as raised in this writ petition as well as the supporting documents produced by them before this Court have not been considered by the 1st respondent. The petitioners were also not afforded any opportunity of hearing by the 1st respondent before issuing the impugned refusal check slip, dated 18.12.2025.

¶5No prejudice would be caused to any of the parties, if the matter is remanded back to the 1st respondent for fresh consideration on merits and in accordance with law and after giving due consideration to the written explanation to be submitted by the petitioners and after hearing the objections of the respondents 2 to 4, within a time frame to be fixed by this Court. Page No.3 of 7

¶6This Court is not expressing any opinion on the merits of the respective contentions.

¶7As the impugned refusal check slip is a non-speaking order with regard to the contentions of the petitioners and the supporting documents produced by them and it is an order issued in violation of the principles of natural justice, the impugned refusal check slip, dated

18.12.2025 issued by the 1st respondent is hereby quashed by this Court and the matter is remanded back to the 1st respondent for fresh consideration on merits and in accordance with law. The petitioners shall submit a written explanation to the 1st respondent as to why there is no legal impediment for the 1st respondent to register the sale deed, dated

11.12.2025 presented by the petitioners for registration, along with supporting documents, within a period of one (1) week form the date of receipt of a copy of this order. On receipt of the same within the stipulated time, the 1st respondent, shall issue notice to the respondents 2 to 4 and after hearing the their objections, the 1st respondent shall take a final decision as to whether the sale deed, dated 11.12.2025 presented by the petitioners can be registered or not, within a period of three (3) weeks thereafter. In case, the 1st respondent decides to refuse registration of the Page No.4 of 7 sale deed, dated 11.12.2025 presented by the petitioners, the 1st respondent shall pass a speaking order with regard to the written explanation submitted by the petitioners as well as the supporting documents produced by them.

¶8In the above terms, this Writ Petition is disposed of. No costs.

20.04.2026 Index : Yes / No (2/2) Speaking order / Non-speaking order sp To The Sub-Registrar, 14, Raja Veethi, Chengam – 606 701. Page No.5 of 7 ABDUL QUDDHOSE,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.04.2026 CORAM : THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE 1.Annathurai 2.Venkatesan 3.Damodaran ... Petitioners Vs. 1.Sub Registrar, 14, Raja Veethi, Chengam – 606 701. 2.Deepa 3.K.Manjula 4.Deenadayalan ... 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 of the 1st respondent herein bearing Refusal Number: RFL/Chengam/144/2025 dated 18.12.2025 and quash the same and consequently directing the 1st respondent to register the sale deed dated 11.12.2025. For Petitioners : Mr.K.Venkatasubban for M/s.Sarvabhauman Associates For Respondents : Mr.P.Harish Government Advocate [R1] Notice dispensed with [R2 to R4] ***** Page No.1 of 7