Kanakaraj vs The Sub Registrar
2026 Latest Caselaw 1039 Mad

Citation : 2026 Latest Caselaw 1039 Mad
Judgement Date : 9 March, 2026

[Cites 1, Cited by 0]

Madras High Court

Kanakaraj vs The Sub Registrar on 9 March, 2026

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                             WP No. 8582 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                      DATED: 09-03-2026
                                                               CORAM
                                  THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
                                                      WP No. 8582 of 2026
                Kanakaraj
                                                                                              ..Petitioner(s)
                                                                    Vs
                The Sub Registrar
                Ganapathy,
                Coimbatore.
                                                                                             ..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 records
                of the respondent in reset of the Refusal Check Slip RFL /Ganapathy/28/2025
                dated 09.12.2025 and quash the same and thereby direct the Respondent to
                register the sale deed in respect of the properties covered in S.No.393/0, 364/1,
                and 392/1 of Vilankurichi, Coimbatore Corporation in favour of the petitioner.


                              For Petitioner(s):               Mr. N.Suresh

                              For Respondent(s):               Mr.U.Baranidharan,SGP



                                                               ORDER

This writ petition has been filed challenging the impugned refusal check

slip dated 09.12.2025 issued by the respondent refusing to register the sale deed

presented by the petitioner for registration on the ground that the power of

attorney based on which the petitioner seeks to register the sale deed does not

contain the schedule of the property.

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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 also categorically contends that the

executant of the document presented for registration is legally empowered to

execute the said document.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts

notice on behalf of the respondent.

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

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 09.12.2025 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.

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

(a) The impugned refusal check slip dated 09.12.2025 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

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.

respondent, after giving due consideration to the written

explanation submitted by the petitioner along with

supporting documents, 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