[Cites 1, Cited by 0]
Madras High Court
Syed Ejas Ahmed vs The Sub Registrar on 9 March, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP No. 8527 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-03-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP No. 8527 of 2026
Syed Ejas Ahmed
..Petitioner(s)
Vs
1. The Sub Registrar
Joint SRO II, Krishnagiri
Krishnagiri
2. Javed Ahmed
..Respondent(s)
Writ petition is filed under Article 226 of the Constitution of India
seeking for issuance of a writ of certiorarified mandamus to call for the
impugned order Refusal No.RFL/2/Joint Sub Registrar, Krishnagiri/12/2026
dated 06.02.2026 issued by the 1st respondent refusing to register the
ratification deed and quash the same and consequently directing the 1st
respondent to register the Ratification Deed presented for registration by the
petitioner in respect of petitioner property situated in survey No.174/1C1 at
Krishnapalli village, measuring an extent of 2004.75 square feet in accordance
with law.
For Petitioner(s): Mr.M.A.Arshad
For Respondent(s): Mr.U.Baranidharan,SGP (R1)
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WP No. 8527 of 2026
ORDER
This writ petition has been filed challenging the impugned refusal check
slip dated 06.02.2026 issued by the first respondent refusing to register the
ratification deed presented by the petitioner for registration on the ground that
the second respondent has filed a protest petition opposing registration of any
document pertaining to the property morefully disclosed in the prayer to this
writ petition.
2. The petitioner claims that the second respondent, who has filed a
protest petition, has no authority to oppose the registration of ratification deed
presented by the petitioner. According to the petitioner, the second respondent
was also not a party to the appeal suit in A.S.Nos.63 to 65 of 2017 pending
before this Court.
3. Mr.U.Baranidharan, learned Special Government Pleader, accepts
notice on behalf of the first respondent. Since no adverse orders are passed
against the second respondent, notice to the second respondent in this writ
petition is dispensed with.
4. As seen from the impugned refusal check slip, neither the petitioner
nor the second respondent were heard before issuing the impugned refusal
check slip. The contentions of the petitioner as raised in this writ petition as
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well as the supporting documents produced by him were also not considered by
the first respondent. Being a non-speaking order 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 06.02.2026 issued by the first
respondent has to be quashed and the matter has to be remanded back to the first
respondent for fresh consideration on merits and in accordance with law.
5. Accordingly, this writ petition is disposed of in the following manner:-
(a) The impugned refusal check slip dated 06.02.2026 is
quashed by this Court and the matter is remanded back to
the first respondent for fresh consideration on merits and
in accordance with law.
(b) The petitioner shall submit a written explanation to
the first respondent within a period of two weeks form
the date of receipt of a copy of this order, as to why the
first respondent has to accept the registration of the
ratification deed presented by the petitioner for
registration, along with supporting documents.
(c) On receipt of the same within the time stipulated, the
first respondent, after hearing the objections of the
second respondent and after giving due consideration to
the supporting documents filed by the respective parties,
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shall take a final decision with regard to registration of
the ratification deed presented by the petitioner, within a
period of six weeks thereafter.
(d) If the first respondent decides to refuse to register
the ratification deed, the first respondent shall pass a
speaking order, after giving due consideration to the
contentions of the petitioner and the supporting
documents produced by him.
No Costs.
09-03-2026
Neutral Citation: Yes/No
RKM
To
1. The Sub Registrar
Joint SRO II, Krishnagiri
Krishnagiri
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ABDUL QUDDHOSE, J.
RKM
09-03-2026
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