Sannimalai, v. The Sub Registrar

ORDER This writ petition has been filed, challenging the impugned refusal check slip dated 26.03.2026 issued by the respondent, refusing to register the settlement deed dated 25.03.2026 presented by the petitioner for registration on the ground that the petitioner traces his title by way of an unregistered Will.

¶2There is no law required for registration of the Will. However, under the impugned order, the respondent has refused to register the settlement deed dated 25.03.2026 presented by the petitioner for registration only on the ground that the parent document produced by the petitioner is an unregistered Will. The petitioner has challenged the impugned order also on the ground of violation of the principles of natural justice as the petitioner was not afforded any opportunity of hearing prior to the passing of the impugned refusal check slip dated 26.03.2026.

¶3The contentions of the petitioner as raised in this writ petition have also not been considered by the respondent in the impugned refusal check slip dated

26.03.2026.

¶4Since the impugned refusal check slip dated 26.03.2026 is a non-speaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned refusal check slip dated 26.03.2026 has to be quashed and the matter has to be remanded back to the respondent for fresh consideration on merits and in accordance with law.

¶5Accordingly, the impugned refusal check slip dated 26.03.2026 issued by the respondent is hereby quashed and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the respondent along with supporting documents, stating as to why there is no legal impediment for the respondent to register the settlement deed dated 25.03.2026 presented by the petitioner for registration within a period of one week from the date of receipt of a copy of this order. On receipt of the same, within the stipulated time, the respondent after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the petitioner, shall take a final decision as to whether the settlement deed dated 25.03.2026 can be registered or not within a period of three weeks thereafter.

¶6In case, the respondent decides to refuse registration of the settlement deed dated 25.03.2026 presented by the petitioner, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by the petitioner.

¶7With the aforesaid directions, this writ petition is disposed of. No Costs. 27-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To

1.The Sub Registrar Registrars office, Paramathi, Namakkal District. ABDUL QUDDHOSE J. ab 27-04-2026 (1/2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-04-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE 1. Sannimalai, Petitioner(s) Vs 1. The Sub Registrar Registrars office, Paramathi, Namakkal District. Respondent(s) PRAYER Call for the records with respect of the impugned Refusal Check Slip No.RFL/ Paramathi/ 46/ 2026 dated 26.03.2026 issued by the respondent and quash the same and consequently direct the respondent herein to register the settlement deed dated 25.03.2026 presented by the petitioner within a reasonable time as fixed by this Court For Petitioner(s): Mr.R.Nalliyappan For Respondent(s): Mr.P.Harish Govt.Advocate For Respondent