Writ petition against a Sub Registrar's refusal check slip declining registration of a settlement deed because its parent document was an unregistered Will. The court quashed the refusal as a non-speaking order violating natural justice and remanded for fresh consideration with an opportunity to submit explanation and documents.
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WP No. 15519 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-04-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
WP No. 15519 of 2026
Petitioner(s)
Vs
Respondent(s)
PRAYER
Call for the records with respect of the impugned Refusal Check Slip No.RFL/ Paramathi/ 47/ 2026 dated 26.03.2026 issued by the respondent and quash the same and consequently direct the respondent herein to register the settlement deed dated 25.03.2026 presented by the petitioner within a reasonable time as fixed by this Court
For Petitioner(s): Mr.R.Nalliyappan For Respondent(s): Mr.P.Harish Govt.Advocate For Respondent
ORDER
This writ petition has been filed, challenging the impugned refusal check
slip dated 26.03.2026 issued by the respondent, refusing to register the settlement deed dated 25.03.2026 presented by the petitioner for registration on
the ground that the petitioner traces his title by way of an unregistered Will.
the impugned order, the respondent has refused to register the settlement deed
WP No. 15519 of 2026
dated 25.03.2026 presented by the petitioner for registration only on the ground that the parent document produced by the petitioner is an unregistered Will. The petitioner has challenged the impugned order also on the ground of violation of
the principles of natural justice as the petitioner was not afforded any opportunity of hearing prior to the passing of the impugned refusal check slip dated 26.03.2026.
not been considered by the respondent in the impugned refusal check slip dated 26.03.2026.
WP No. 15519 of 2026
respondent to register the settlement deed dated 25.03.2026 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 respondent after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the petitioner, shall take a final decision as to whether the settlement deed dated 25.03.2026 can be registered or not within a period of three weeks thereafter.
Costs.
27-04-2026
Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ab
To
1.The Sub Registrar Registrars office, Paramathi, Namakkal District.
WP No. 15519 of 2026
ABDUL QUDDHOSE J.
ab
WP No. 15519 of 2026
27-04-2026 (2/2)
2 issues framed by the court
Whether a refusal to register a settlement deed on the ground that the parent document is an unregistered Will is sustainable.
Whether the refusal check slip, being non-speaking and passed without hearing the petitioner, violated natural justice.
Prabakaran
The Sub Registrar Registrars office, Paramathi, Namakkal District
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
