Chitra v. The Sub-Registrar

ORDER This writ petition has been filed, challenging the impugned order dated

27.03.2026 issued by the respondent, refusing to register the sale deed presented by the petitioner for registration on the ground that the land which is the subject matter of the sale deed falls in an unapproved layout.

¶2The petitioner relies upon a circular dated 16.03.2020 in support of the petitioner's contention that by total non application of mind to the said circular, the respondent has refused to register the sale deed presented by the petitioner for registration. The circular dated 16.03.2020 has also been placed on record before this Court. This Court is not expressing any opinion on the merits of the same.

¶3As seen from the impugned order dated 27.03.2026, the petitioner's contentions as raised in this writ petition along with the petitioner's supporting documents have not been considered by the respondent. The petitioner was also not afforded any opportunity of hearing by the respondent prior to passing of the impugned order dated 27.03.2026.

¶4Since the impugned order dated 27.03.2026 is a non-speaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned order dated 27.03.2026 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 order dated 27.03.2026 passed 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 sale deed 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 sale deed can be registered or not within a period of four weeks thereafter.

¶6In case, the respondent decides to refuse registration of the sale deed 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. 20-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To

1.The Sub-Registrar Morappur Sub-Registration Office, Dharmapuri District. ABDUL QUDDHOSE J. ab

20-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE 1. Chitra W/o. C. Sanjeevan, Annamalaipatti Village, Navalai Post, Harur Taluk, Dharmapuri District -635 305 Petitioner(s) Vs 1. The Sub-Registrar Morappur Sub-Registration Office, Dharmapuri District. Respondent(s) PRAYER To call for the records relating to the impugned order dated 27.03.2026 in refusal No.RFL/Morappur/17/2026 passed by the Respondent and to quash the same and consequently direct the respondent to register the sale deed executed by the petitioners For Petitioner(s): Mr.C.Prabakaran For Respondent(s): Mr.P.Harish Govt.Advocate For Respondent