WP/14147/2026 of MR.Palanivel Vs The District Revenue officer (DRO)
WP No. 14147 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP No. 14147 of 2026
MR.Palanivel
..Petitioner(s)
Vs
1. The District Revenue officer (DRO)
Harur Division, Dharmapuri.
2. The District Registrar
Dharmapuri District Registrar Office
Dharmapuri District .
3. The Sub-registrar
Harur Sub-Registrar Office
Harur, Dharmapuri District .
4. Chinnagounder
5. Palanisamy
..Respondent(s)
Calling for the records of the 3rd respondent herein pertaining to his proceeding
in RFL/Harur/87/2026 dated 20.03.2026 and quash the same and further direct
the 3rd respondent herein to register the Sale Deed and return the same to the
petitioner.
For Petitioner(s): Mr.M.Selvam
For Respondent(s): Mr.U.Baranidharan,SGP
For R1 to R3
R4 & R5-Pvt notice dispensed with
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WP No. 14147 of 2026
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Order
Even though in the affidavit in all other places, the petitioner has
inadvertently stated that the third respondent has passed the impugned refusal
check slip, it was infact, the third respondent, who has passed the impugned
refusal check slip. Therefore, the same has been corrected by this Court in this
order.
2.This writ petition has been filed, challenging the impugned refusal
check slip dated 20.03.2026 issued by the third respondent, refusing to register
the Sale Deed, presented by the petitioner for registration on the ground that in
the encumbrance certificate, the property, which is the subject matter of the Sale
deed, presented by the petitioner for registration, has already been dealt with.
3.The petitioner categorically contends before this Court that he is the
owner of the property and there is no legal impediment for him to sell the same
under the Sale deed, which is presented for registration. The petitioner has filed
supporting documents along with this writ petition in support of his contention.
4.Mr.U.Baranidharan, learned Special Government Pleader accepts notice
on behalf of respondents 1 to 3. Since no adverse order is being passed against
respondents 4 and 5, notice to respondents 4 and 5 is dispensed with by this
Court.
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WP No. 14147 of 2026
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5.Admittedly, the petitioner was not afforded an opportunity of hearing by
the third respondent before issuing the impugned refusal check slip dated
20.03.2026. The contentions of the petitioner as raised in this writ petition have
not been considered by the third respondent while issuing the impugned refusal
check slip dated 20.03.2026. The supporting documents produced by the
petitioner have also not been considered. Being a non-speaking order and an
order passed in violation of principles of natural justice, this Court is of the
considered view that the impugned refusal check slip dated 20.03.2026 issued
by the third respondent has to be quashed and the matter has to be remanded
back to the third respondent for fresh consideration, on merits and in accordance
with law.
6.Accordingly, this writ petition is disposed of and the impugned refusal
check slip dated 20.03.2026 issued by the third respondent is quashed and the
matter is remanded back to the third respondent for fresh consideration, on
merits and in accordance with law. The petitioner shall submit a written
explanation along with the supporting documents to the third respondent stating
as to why there is no legal impediment for the third 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 said
written explanation along with the supporting documents within the stipulated
time from the petitioner, the third respondent, after giving due consideration to
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WP No. 14147 of 2026
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the written explanation submitted by the petitioner and the supporting
documents produced by the petitioner, shall take a final decision as to whether
the sale deed presented by the petitioner for registration can be registered or not,
within a period of 4 weeks thereafter. In case the third respondent decides to
refuse registration of the Sale Deed, the third respondent shall pass a speaking
order, after giving due consideration to the written explanation submitted by the
petitioner as well as the supporting documents produced by the petitioner. No
costs.
15-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VGA
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WP No. 14147 of 2026
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To
1. The District Revenue officer (DRO)
Harur Division, Dharmapuri.
2. The District Registrar
Dharmapuri District Registrar Office
Dharmapuri District .
3. The Sub-registrar
Harur Sub-Registrar Office
Harur, Dharmapuri District .
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WP No. 14147 of 2026
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ABDUL QUDDHOSE J.
VGA
WP No. 14147 of 2026
15-04-2026
https://www.mhc.tn.gov.in/judis