WP/14329/2026 of Saraswathy, Vs The State Rep by

W.P.No.14329 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.04.2026 CORAM : THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.14329 of 2026 Saraswathy ... Petitioner Vs. 1.The State Rep by, The Sub-Registrar, Sub-Registration office, Padapai, Kancheepuram District. 2.Kumutha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for records pertaining to the refusal of registration slip issued by the 1st respondent bearing No.RFL/Padappai/26/2026 dated: 03.03.2026 to quash the same as illegal and consequently direct the 1 st respondent to register the document dated 03.03.2026 which was placed it for registration. For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.P.Harish Government Advocate [R1] Notice dispensed with [R2] ***** Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.14329 of 2026 ORDER This Writ Petition has been filed challenging the impugned refusal check slip, dated 03.03.2026 issued by the 1 st respondent, refusing to register the sale deed, dated 03.03.2026 presented by the petitioner for registration on the following grounds :- (a) a protest petition has been filed by 2 nd respondent herein opposing registration of any document pertaining to the property, which is the subject matter of the sale deed presented by the petitioner for registration; (b) the property which is the subject matter of the sale deed presented by the petitioner for registration has already been dealt with by another party i.e., the 2 nd respondent. 2. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the 1 st respondent. Since no adverse order is passed against the 2nd respondent in this writ petition, notice to the 2 nd respondent is dispensed with by this Court. 3. The petitioner categorically contends before this Court that there is no legal impediment for the registration of the sale deed presented by the petitioner for registration. She has filed supporting documents Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.14329 of 2026 along with this writ petition in respect of her case that ther e is no legal impediment for the registration of sale deed presented by the petiti oner for registration. According to the petitioner, by total non-application of mind to the supporting documents, which includes the revenue records standing in the name of the petitioner, the 1 st respondent has issued the impugned refusal check slip, dated 03.03.2026. The petitioner has also challenged the impugned refusal check slip on the ground of violation of the principles of natural justice as no opportunity of hearing was gra nted to the petitioner by the 1 st respondent before issuing the impugned refusal check slip. 4. Learned Government Advocate appearing for the 1st respondent would re-iterate the contents of the impugned refusal check slip. 5. However, as seen from the impugned refusal check slip, the contentions of the petitioner as raised in this writ petition have not been considered by the 1 st respondent. No opportunity of hearing was also granted to the petitioner by the 1 st respondent before issuing the impugned refusal check slip, dated 03.03.2026. Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.14329 of 2026 6. No prejudice would be caused to any of the parties, if a final decision is taken by the 1st respondent as to whether the sale deed presented by the petitioner can be registered or not, after heari ng all the necessary parties, which includes the 2 nd respondent, who has filed the protest petition, within a time frame to be fixed by this Court. 7. This Court is not expressing any opinion on the merits of the respective contentions. 8. For the foregoing reasons, since the impugned refusal check slip is a non-speaking order with regard to the contentions of the petitioner and the supporting documents produced by her and it is an order issued in violation of the principles of natural justice, the im pugned refusal check slip, dated 03.03.2026 issued by the 1 st respondent is hereby quashed by this Court and the matter is remanded back to the 1 st respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the 1 st respondent, within a period of one (1) week form the date of receipt of a co py of this order, as to why there is no legal impediment for the 1 st respondent to Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.14329 of 2026 register the sale deed, dated 03.03.2026 presented by the petitioner for registration, along with supporting documents. On receipt of the same within the stipulated time, the 1 st respondent, after giving due consideration to the written explanation submitted by the petitione r along with supporting documents, and the objections of the 2 nd respondent, who has filed the protest petition, shall take a final decision as to whether the sale deed, dated 03.03.2026 presented by the petitioner can be registered or not, within a period of three (3) weeks thereafter. In case , the 1 st respondent decides to refuse registration of the sale deed, dated 03.03.2026 presented by the petitioner, the 1 st respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by her. 9. In the above terms, this Writ Petition is disposed of. No costs. 20.04.2026 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes/No sp To The Sub-Registrar, Sub-Registration office, Padapai, Kancheepuram District. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.14329 of 2026 ABDUL QUDDHOSE, J. sp W.P.No.14329 of 2026 20.04.2026 Page No.6 of 6 https://www.mhc.tn.gov.in/judis