J.Srinivasan vs The Sub-Registrar
2026 Latest Caselaw 1676 Mad

Madras High Court

J.Srinivasan vs The Sub-Registrar on 8 April, 2026

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                   W.P.No.13028 of 2026

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 08.04.2026

                                                           CORAM :

                                  THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                   W.P.No.13028 of 2026

                     J.Srinivasan                                           ... Petitioner

                                                              Vs.

                     The Sub-Registrar,
                     Joint II Sub-Registrar Office,
                     Chengalpattu District.                                 ... Respondent

                     Prayer : Writ Petition filed under Article 226 of the Constitution of India
                     praying for issuance of Writ of Certiorarified Mandamus, calling for the
                     records relating to the refusal check slip dated 11.03.2026 issued by the
                     respondent herein in Refusal Number RFL/2 No.Joint Sub Registrar
                     Chengalpattu/31/2026, quash the same and consequently issue direction
                     directing the respondent herein to register forthwith the Receipt deed
                     dated 11.03.2026 presented by the petitioner.


                                      For Petitioner     : Mr.G.Magesh Kumar
                                      For Respondent : Mr.P.Harish
                                                       Government Advocate
                                                         *****

                                                            ORDER

This Writ Petition has been filed challenging the impugned

refusal check slip dated 11.03.2026 issued by the respondent refusing to

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register the discharge receipt, dated 11.03.2026 presented by the

petitioner for registration.

2. Mr.P.Harish, learned Government Advocate, accepts notice on

behalf of the respondent.

3. The petitioner claims to be the mortgagee. He claims that he

has received the dues of the mortgage and therefore, he had presented by

the discharge receipt, dated 11.03.2026 for registration with the

respondent. According to the petitioner, arbitrarily, the respondent has

issued the impugned refusal check slip, dated 11.03.2026 refusing to

register the discharge receipt on the ground that the petitioner had not

produced the legal heirship certificate of the deceased borrower. The

petitioner claims that there is a dispute between some of the legal heirs

and only due to the said reason, there is a difficulty for the legal heirs to

obtain the legal heirship certificate. The petitoner 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 with

regard to the contentions of the petitioner as raised in this writ petition.

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4. As seen from the impugned refusal check slip, the petitioner

was not afforded of any opportunity of hearing by the respondent prior to

the issuance of impugned refusal check slip. Neither the petitioner’s

contentions nor the supporting documents produced by him were

considered in the impugned order. Being a non-speaking order with

regard to the contentions of the petitioner as raised in this writ petition

and being an order issued in violation of the principles of natural justice,

this Court is of the considered view that the impugned refusal check slip

dated 11.03.2026 issued by the respondent has to be quashed and the

matter has to be remanded back to the respondent for fresh consideration

on merits and in accordance with law.

5. Accordingly, the impugned refusal check slip, dated 11.03.2026

issued by the respondent is hereby quashed by this Court 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 within a period of one (1) week form the date of receipt of

a copy of this order, as to why there is no legal impediment for the

respondent to register the discharge receipt, dated 11.03.2026 presented

by the petitioner for registration, along with supporting documents. On

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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, shall take a final decision as to whether

the discharge receipt, dated 11.03.2026 presented by the petitioner can be

registered or not, within a period of four (4) weeks thereafter. If the

respondent decides to refuse registration of the discharge receipt, dated

11.03.2026, the respondent shall pass a speaking order, after giving due

consideration to the contentions of the petitioner and the supporting

documents produced by him.

6. In the above terms, this Writ Petition is disposed of. No costs.

08.04.2026 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes/No sp

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To

The Sub-Registrar, Joint II Sub-Registrar Office, Chengalpattu District.

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ABDUL QUDDHOSE, J.

sp

08.04.2026

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