Chidambram v. The District Registrar (Administration)

ORDER This writ petition has been filed, challenging the impugned refusal check slip dated 01.04.2026 issued by the second respondent, refusing to register the declaration deed dated 01.04.2026 presented by the petitioner for registration on the ground that the petitioner has incorporated a new survey number than what was disclosed in the parent document.

¶2The petitioner categorically contends before this Court that all the revenue records for the subject property disclose the correct survey number and only to correct the same, there was a necessity for the petitioner to execute the declaration deed dated 01.04.2026.

¶3The learned Government Advocate appearing for the respondents also pointed out to this Court, the discrepancy between the survey number disclosed in the sale deed dated 23.01.1998 and the declaration deed dated 01.04.2026, which was presented by the petitioner for registration. The contention of the learned Government Advocate appearing for the respondents is disputed by the learned counsel for the petitioner, who would once again reiterate that only due to inadvertence, wrong survey number was mentioned in the sale deed dated

23.01.1998. This Court is not expressing any opinion on the merits of the respective contentions.

¶4As seen from the impugned order, no opportunity of hearing was granted to the petitioner by the second respondent before refusing to register the declaration deed dated 01.04.2026 by the petitioner. The contentions of the petitioner as raised in this writ petition have also not been considered by the second respondent before passing of the impugned refusal check slip dated

01.04.2026.

¶5Since the impugned refusal check slip dated 01.04.2026 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 01.04.2026 has to be quashed and the matter has to be remanded back to the second respondent for fresh consideration on merits and in accordance with law.

¶6Accordingly, the impugned refusal check slip dated 01.04.2026 issued by the second respondent is hereby quashed and the matter is remanded back to the second respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the second respondent along with supporting documents, stating as to why there is no legal impediment for the second respondent to register the declaration deed dated

01.04.2026 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 second 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 declaration deed dated 01.04.2026 presented by the petitioner can be registered or not within a period of three weeks thereafter.

¶7In case, the second respondent decides to refuse registration of the declaration deed dated 01.04.2026 presented by the petitioner, the second 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.

¶8With the aforesaid directions, this writ petition is disposed of. No Costs. 22-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To

1.THE DISTRICT REGISTRAR (Administration) Chengalpattu District, Chengalpattu.

2.The Sub Registrar Thirukazhukundram, Chengalpattu District. ABDUL QUDDHOSE J. ab

22-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-04-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE 1. Chidambram Petitioner(s) Vs 1. THE DISTRICT REGISTRAR (Administration) Chengalpattu District, Chengalpattu. 2.The Sub Registrar Thirukazhukundram, Chengalpattu District. Respondent(s) PRAYER Calling for the records of the 2nd respondent vide refusal No. RFL /Thirukazhukunram/ 11/ 2026 dated 01.04.2026 and quash the same subsequently direct the 2nd respondent to register petitioners declaration deed dated 01.04.2026. For Petitioner(s): Mr.N.Ranjith Kumar For Respondent(s): Mr.P.Harish Govt.Advocate For Respondent