M. Udhayakumar v. The Sub Registrar

Order This writ petition has been filed, challenging the impugned refusal check slip dated 12.03.2026, issued by the respondent, refusing to register the release deed, presented by the petitioner for registration on the ground that a third party has filed a protest petition and that a civil suit is pending. Page2 of 6

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

3.Learned counsel for the petitioner categorically contends that there is no legal impediment for the respondent to register the release deed presented by the petitioner for registration.

4.The petitioner has filed supporting documents along with this writ petition in support of his contention that there is no legal impediment for the respondent to register the release deed presented by the petitioner for registration.

5.This Court is not expressing any opinion on the merits of the same.

6.Admittedly, a protest petition has been filed by a third party opposing registration of any document pertaining to the property, which is also the subject matter of the release deed dated 12.03.2026 presented by the petitioner for registration. Admittedly, a civil suit is also pending consideration pertaining to the very same property. Since a protest petition has already been filed by a third party, the third party has to be provided with an opportunity of hearing before the respondent takes a decision as to whether the release deed dated

12.03.2026 presented by the petitioner can be registered or not. Page3 of 6

7.Since the impugned refusal check slip dated 12.03.2026 has been issued by the respondent without giving due consideration to the contentions of the petitioner as raised in this writ petition, necessarily, the impugned refusal check slip dated 12.03.2026 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.

8.Accordingly, the impugned refusal check slip dated 12.03.2026 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.

9.The petitioner shall submit a written explanation to the respondent along with the supporting documents as to why there is no legal impediment for the respondent to register the release 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 from the petitioner within the stipulated time, the respondent shall issue notice to the petitioner as well as the party, who has filed the protest petition opposing registration and after giving due consideration to their respective contentions and the supporting documents produced by them as well as the written explanation submitted by the petitioner, the respondent shall take a final decision as to whether the release deed dated 12.03.2026 presented by the petitioner can be registered or not, Page4 of 6 within a period of 4 weeks from the date of receipt of the written explanation from the petitioner. In case the respondent decides to refuse registration of the release deed dated 12.03.2026 presented by the petitioner for registration, the respondent shall pass a speaking order with regard to the written explanation submitted by the petitioner and the supporting documents produced by him. No costs. 08-04-2026 Index: Yes/No Speaking/Non-speaking order VGA Page5 of 6 To The Sub Registrar Office of Sub Registrar Madukkarai Coimbatore District. WPoNo.o13798oofo2026 ABDULoQUDDHOSEoJ. VGA WPoNo.o13798oofo2026 08-04-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-04-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE M.Udhayakumar ..Petitioner(s) Vs The Sub Registrar Office of Sub Registrar Madukkarai Coimbatore District. ..Respondent(s) Calling for the records relating to the impugned Refusal Check Slip in RFL/Madukkarai/23/2026 dated 12.03.2026 on the file of Respondent, Quash the same and consequently direct the Respondent to register the Release Deed dated 12.03.2026 to be represented by the petitioner and return the same after completion of registration formalities. For Petitioner(s): Mr.N. Ponraj For Respondent(s): Mr.P.Harish Govt Advocate