WP/13802/2026 of C.Sivan Vs The Joint-I, Sub-Registrar,

WP No. 13802 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP NO. 13802 OF 2026 and WMP NO. 15064 OF 2026 1. C.Sivan S/o.Chinnasamy, No.1/287, KV Kovil Kottai, sokkadu, moramadugu, Krishnagiri Taluk and District. Petitioner(s) Vs 1. The Joint-I, Sub-Registrar, Krishnagiri - 635 001. 2.The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri - 635 001. 3.R.Prakasam S/o.Radhakrishnan, No.2/353, Pookkara House, Thonnaiyankottai, (Chennai Road) Krishnagiri Taluk and District. 4.A.Chinna Gounder S/o.Anumathan, No.373, Nattanmaikottai, Sundekuppam Post, Krishnagiri Taluk and District. Respondent(s) PRAYER Calling for the records relating to the impugned order in REF/Joint-I/Sub- Registrar,Krishnagiri/66/2025 dated 16.09.2025 on the file of the 1st respondent and quash the same as being illegal and legally untenable and consequentl y direct the 1st respondent to register the document vide TP No.232967020/2025 dated 15.09.2025 presented by the petitioner in favour of the 4th respondent. https://www.mhc.tn.gov.in/judis WP No. 13802 of 2026 For Petitioner(s): Mr.J.Bharathi Raja For Respondent(s): Mr.P.Harish Govt.Advocate For R1 Mr.V .Meganathan Govt.Advocate For R2 R3 and R4 – notice dispense with ORDER This writ petition has been filed, challenging the impugned order dat ed 16.09.2025 passed by the first respondent, refusing to register the sale deed presented by the petitioner for registration on the ground that there i s a civil suit pending over the very same property. 2. According to the petitioner, he is the absolute owner of the proper ty morefully described in the prayer to this writ petition. According to the petitioner, the civil court has not restrained the Registration Depa rtment from registering any document. Therefore, according to him, by total non appl ication of mind, the impugned order has been passed. 3. The petitioner has also challenged the impugned order on the ground that it is a non speaking order with regard to the contentions of t he petitioner and on the ground that the impugned order has been passed in violation of t he principles of natural justice as the petitioner was not afforded any opportunity of https://www.mhc.tn.gov.in/judis WP No. 13802 of 2026 hearing prior to the passing of the impugned order. 4. Mr. P. Harish, learned Government Advocate accepts notice on beha lf of R1 and Mr. V . Meganathan, learned Government Advocate (Crl. Side) accepts notice on behalf of R2. Since no adverse orders are passed agai nst the respondents 3 and 4, notice to the respondents 3 and 4 is dispensed wit h by this Court. 5. Admittedly, there is no interim injunction granted against the first respondent, not to register the sale deed presented by the petitioner for registration. Only based on the pendency of the civil suit, the first r espondent has refused to register the sale deed presented by the petitioner for registration. 6. As seen from the impugned order dated 16.09.2025, the petitioner’s contentions as raised in this writ petition along with the petit ioner’s supporting documents have not been considered by the first respondent. The petitioner w as also not afforded any opportunity of hearing by the first respondent prior to passing of the impugned order dated 16.09.2025. 7. Since the impugned order dated 16.09.2025 is a non-speaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned order dated 16.09.2025 has to be quashed and the https://www.mhc.tn.gov.in/judis WP No. 13802 of 2026 matter has to be remanded back to the first respondent for fresh consideration on merits and in accordance with law. 8. Accordingly, the impugned order dated 16.09.2025 issued by the first respondent is hereby quashed and the matter is remanded back to the first respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the first responde nt along with supporting documents, stating as to why there is no legal impediment for the first 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 first respondent after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the petitioner, shall ta ke a final decision as to whether the sale deed presented by the petiti oner can be registered or not within a period of four weeks thereafter. 9. In case, the first respondent decides to refuse registration of t he sale deed presented by the petitioner, the first respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as w ell as the supporting documents produced by the petitioner. https://www.mhc.tn.gov.in/judis WP No. 13802 of 2026 10. With the aforesaid directions, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 20-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ab To 1.The Joint-I, Sub-Registrar, Krishnagiri - 635 001. 2.The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri - 635 001. https://www.mhc.tn.gov.in/judis WP No. 13802 of 2026 ABDUL QUDDHOSE J. ab WP No. 13802 of 2026 20-04-2026 (2/3) https://www.mhc.tn.gov.in/judis