Ganthimathi Vs the Sub Registrar

PRAYER – This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Certiorarified Mandamus, calling for records on the file of the respondent in proceedings in RFL/Ulundurpet/9/2026 and dated 6.02.2026 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to register the sale deed dated 02.02.2026 forthwith.

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For Petitioner(s): Ms.R.Poornima

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For Respondent(s): Mr.P.Harish Government Advocate

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O R D E R

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This Writ Petition has been filed challenging the impugned refusal check

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slip dated 06.02.2026 issued by the respondent refusing to register the sale deed presented by the petitioner for registration on the ground that there existed a

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https://www.mhc.tn.gov.in/judis

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WP No. 11166 of 2026

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registered settlement deed for the very same property. The petitioner has challenged the impugned refusal check slip on the ground of violation of principles of natural justice and on the ground that the impugned refusal check slip has been issued by total non-application of mind.

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2.According to the petitioner, in the impugned refusal check slip, the respondent themselves have admitted that the earlier settlement deed is a fraudulent document. Hence, the petitioner claims that there is no prohibition for the respondent to register the sale deed presented by the petitioner for registration. As seen from the impugned refusal check slip dated 06.02.2026, the contentions of the petitioner as raised in this Writ Petition have not been considered by the respondent. The petitioner was also not afforded with any opportunity of hearing by the respondent prior to the passing of the impugned refusal check slip dated 06.02.2026.

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3.Being a non-speaking order and an order passed in violation of Principles of natural justice, necessarily, the impugned refusal check slip dated 06.02.2026 issued by the respondent has to be quashed by this Court and the matter remanded back to the respondent for fresh consideration on merits and in accordance with law.

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https://www.mhc.tn.gov.in/judis

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WP No. 11166 of 2026

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4.Accordingly, the impugned refusal check slip dated 06.02.2026 is

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hereby quashed and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the respondent along with supporting documents stating as to why the sale deed executed by the petitioner has to be registered within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said written explanation from the petitioner along with supporting documents, the respondent, after giving due consideration to the written explanation submitted by the petitioner as well as the supporting documents and after hearing all the necessary parties, shall take a final decision as to whether the sale deed presented by the petitioner can be registered or not within a period of four weeks thereafter. In case the respondent refuses to register the sale deed presented by the petitioner for registration, the respondent shall pass a speaking order with regard to the petitioner’s contentions and the supporting documents produced by her.

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5.With the above direction, this Writ Petition is disposed of. However,

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there shall be no order as to costs.

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25-03-2026

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Index: Yes/No GSA

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https://www.mhc.tn.gov.in/judis