M.Jayachitra v. The Sub Registrar

Order This writ petition has been filed, challenging the impugned refusal check slip dated 07.04.2025 issued by the respondent, refusing to register the Settlement Deed dated 26.03.2025, presented by the petitioner for registration Page2 of 6 on the ground that the HR&CE Department has raised objection with regard to the registration of any document pertaining to the property, which is the subject matter of the Settlement Deed presented by the petitioner for registration.

2.The petitioner categorically contends before this Court that there is no legal impediment for the respondent to register the Settlement Deed, which is presented for registration. She also contends that the HR&CE Department does not have any legal right over the subject property.

3.Mr.P.Harish, learned Government Advocate accepts notice on behalf of the respondent.

4.Admittedly, as seen from the impugned refusal check slip dated

07.04.2025 issued by the respondent, the contentions of the petitioner as raised in this writ petition along with the supporting documents have not been considered by the first respondent. The petitioner was also not afforded an opportunity of hearing by the respondent before issuing the impugned refusal check slip dated 07.04.2025.

5.No prejudice would be caused to any of the parties if the HR&CE Department is put on notice about the proposed registration of the Settlement Deed by the petitioner and after hearing their objections, the respondent shall Page3 of 6 take a final decision as to whether the Settlement Deed, presented by the petitioner can be registered or not.

6.Being a non-speaking order with regard to the contentions of the petitioner as raised in this writ petition and being an order passed in violation of the principles of natural justice, this Court is of the considered view that the impugned refusal check slip dated 07.04.2025 issued by the respondent 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.

7.Accordingly, this writ petition is disposed of and the impugned refusal check slip dated 07.04.2025 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 along with the supporting documents to the respondent stating as to why there is no legal impediment for the respondent to register the Settlement 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 said written explanation along with the supporting documents within the stipulated time from the petitioner, the respondent shall issue notice to the HR&CE Department, who has opposed registration of any document and after hearing their objections as well as after giving due consideration to the written explanation submitted by the petitioner Page4 of 6 and the supporting documents produced by her, shall take a final decision as to whether the Settlement Deed dated 26.03.2025, presented by the petitioner for registration can be registered or not, within a period of 3 weeks thereafter. In case the respondent decides to refuse registration of the Settlement Deed, the respondent shall pass a speaking order, after giving due consideration to the written explanation submitted by the petitioner as well as the supporting documents produced by her. No costs. 20-04-2026 Index: Yes/No Speaking/Non-speaking order VGA Page5 of 6 To The Sub Registrar Office of the Sub Registrar No.1 Mangalam Road Palladam Tiruppur 641664. WPoNo.o14480oofo2026 ABDULoQUDDHOSEoJ. VGA WPoNo.o14480oofo2026 20-04-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE M.Jayachitra ..Petitioner(s) Vs The Sub Registrar Office of the Sub Registrar No.1 Mangalam Road Palladam Tiruppur 641664. ..Respondent(s) To call for the records on the file of the Respondent in refusal RFL/Palladam/18/2025 dated 07/04/2025 and to quash the same as illegal, unconstitutional and without jurisdiction and to further direct the respondent to register the settlement deed dated 26/03/2025 in respect of survey No. S.No.210/1C2C, 1C/1C measuring 47 cents in Alagumalai Village of Tiruppur Taluk and Tiruppur District. For Petitioner(s): Mr.R.K. Arjun Raj For Respondent(s): Mr.U.Baranidharan,SGP