Srinivasan v. The Sub Registrar

ORDER This writ petition has been filed challenging the impugned refusal check slip dated 23.09.2025 passed by the first respondent refusing to register the sale agreement dated 23.09.2025 presented by the petitioner for registration on the ground that the earlier sale agreement in respect of the very same property has not been cancelled.

¶2Admittedly, there was an agreement for sale dated 20.01.2022 registered as Document No.182/2022 pertaining to the very same property, which is the subject matter of the agreement for sale presented by the petitioner for registration.

¶3The petitioner contends that the earlier agreement for sale was not acted upon by the parties, and therefore, there is no prohibition for the first respondent to register the agreement of sale presented by the petitioner for registration.

¶4As seen from the impugned refusal check slip dated 23.09.2025, no opportunity of hearing was grant to the petitioner, and the private respondents (respondents 2 to 6) were also not heard. As seen from the impugned check slip, all the parties to the previous sale agreement were not heard by the first respondent. The previous agreement holders have also been arrayed as party Page3 of 5 respondents in this writ petition. The contentions of the petitioner as raised in this writ petition have not been considered in the impugned refusal check slip. Being a non-speaking order with regard to the petitioner's contentions and the supporting documents produced by him, and 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 23.09.2025 issued by the first respondent has to be quashed and the matter remanded back to the first respondent for fresh consideration on merits and in accordance with law, after hearing all the necessary parties, which includes the petitioner and the private respondents.

¶5Accordingly, this writ petition is disposed of in the following manner:-

(a) The impugned refusal check slip dated 23.09.2025 is quashed by this Court and the matter is remanded back to the first respondent for fresh consideration on merits and in accordance with law.

(b) The petitioner shall submit a written explanation along with supporting documents/authorities to the first respondent, within a period of one week form the date of receipt of a copy of this order, as to why the agreement of sale presented by the petitioner has to be registered.

(c) On receipt of the same within the time stipulated, the first respondent shall issue notice to the respondents 2 to Page4 of 5 6 and the petitioner; and after conducting a proper enquiry by hearing all the necessary parties, the first respondent shall take a final decision with regard to registration of the sale agreement presented by the petitioner, on merits and in accordance with law, within a period of four weeks thereafter.

(d) In case the first respondent decides to refuse to register the sale agreement, the first respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents/authorities produced by him. No Costs. 23-03-2026 RKM To

¶1The Sub Registrar Registration Department, Vandavasi-604 408, Tiruvannamalai District. WPoNo.o41149oofo2025 ABDULoQUDDHOSE,oJ. RKM WPoNo.o41149oofo2025 23-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Srinivasan ..Petitioner(s) Vs 1. The Sub Registrar Registration Department, Vandavasi-604 408, Tiruvannamalai District. 2. Rajakumari 3. Kannika 4. Lokeshwari 5. S.Raman 6. Mahalingam ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorari to call for the records in respect of proceedings in RFL/ Vandavasi/ 17/ 2025 dated 23.09.2025 by the 1st respondent and quash the same, consequently direct the 1st respondent to register the Agreement of sale deed dated 23.09.2025 on its file executed in favor of 5th respondent by petitioner along with 2 to 4th respondents. For Petitioner(s): Mr.E.Senthilnathan For Respondent(s): Mr.U.Baranidharan, SGP For R1 Page2 of 5