P.Dhanjayan 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 the records relating to order passed by the respondent dated 17.2.2026 in Refusal Check slip No.RFL/Mailam/13/2026 related to the sale deed for the property Plot No.48 measuring 600 square Feet in Survey No.203/2A, 203/2B, 203/2C1, 203/2C1A1, 203/2C1A1A, 203/2D1, 203/2E2 and 203/2F1 and quash the same, consequently direct the respondent to register the sale deed dated 17.2.2026 submitted by the petitioner.

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For Petitioner(s): Mr.L.Albert Vinod For Respondent(s): Mr.U.Baranidharan, Special Government Pleader

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WP No. 9046 of 2026

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O R D E R

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This Writ Petition has been filed challenging the impugned refusal check slip dated 17.02.2026, issued by the respondent refusing to register the sale deed presented by the petitioner for registration on the ground that there is a compromise decree executed earlier in respect of the very same property which is the subject matter of the sale deed presented by the petitioner for registration.

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2.The petitioner has challenged the impugned refusal check slip on the ground of violation of the principles of natural justice and on the ground that it is a non-speaking order. The petitioner categorically contends before this Court with the aid of the supporting documents that he is the absolute owner of the property which is a subject matter of the sale deed presented by the petitioner for registration.

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3.Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondent.

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4.As seen from the impugned refusal check slip, the petitioner was not afforded of any opportunity of hearing prior to the passing of the impugned order. Neither the petitioner’s contentions nor the supporting documents produced by him were considered in the impugned order. Being a non-speaking

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order with regard to the petitioner’s contentions and the supporting documents produced by him, and an order passed in violation of the principles of natural justice, this Court is of the considered view that the impugned refusal check slip dated 17.02.2026 issued by the respondent has to be quashed and the matter remanded back to the respondent for fresh consideration on merits and in accordance with law.

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5.Accordingly, this writ petition is disposed of in the following manner:-

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(a) The impugned refusal check slip dated 17.02.2026 is quashed by this Court and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law.

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(b) The petitioner shall submit a written explanation to

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the respondent within a period of two weeks form the date of receipt of a copy of this order, as to why the respondent has to accept the registration of the sale deed presented by the petitioner for registration, along with supporting documents.

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(c) On receipt of the same within the time stipulated, the respondent, after giving due consideration to the written explanation submitted by the petitioner along with supporting documents, after hearing all the necessary

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parties, shall take a final decision with regard to registration of the sale deed presented by the petitioner, on merits and in accordance with law, within a period of six weeks thereafter.

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(d) If the respondent decides to refuse to register the sale deed, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner and the supporting documents produced by him.

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