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CDJ 2026 MHC 2448 print Preview print print
Court : High Court of Judicature at Madras
Case No : WP. No. 10026 of 2026
Judges: THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
Parties : Tamilarasi Versus The Sub Registrar, Panruti Sub-Registration Office, Cuddalore
Appearing Advocates : For the Petitioner: C. Prabakaran, Advocate. For the Respondent: P. Harish, Govt Advocate.
Date of Judgment : 18-03-2026
Head Note :-
Subject
Judgment :-

(Prayer: To call for the records relating to the impugned order dated 19.02.2026 in Na.Ka.No.107 of 2026 in Refusal No.RFL/ Panruti /1/ 2026 passed by the respondent and to quash the same and consequently direct the respondent to register the sale deed executed by the petitioner)

1. This writ petition has been filed, challenging the impugned refusal check slip dated 19.02.2026 issued by the respondent, refusing to register the Sale Deed presented by the petitioner for registration on the ground that the petitioner is only having the life interest under the parent document namely, the settlement deed.

2. The petitioner categorically contends before this Court that she is the absolute owner of the property, which is also confirmed by the decree obtained by her from the Civil Court in O.S. No. 161 of 2021 dated 16.12.2021 on the file of the District Munsif Court, Panruti.

3. The petitioner disputes the contentions of the respondent that she is only having life interest. The petitioner has filed supporting documents along with this writ petition to substantiate the petitioner's case that she is the absolute owner of the property. This Court is not expressing any opinion on the merits of the same.

4. The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and on the ground that it is a nonspeaking order with regard to the petitioner's contentions.

5. As seen from the impugned order, all the necessary parties have not been heard in the impugned proceedings. The mother of the petitioner, who had executed the settlement deed in favour of the petitioner, was also not heard in the impugned proceedings. Though the petitioner contends that as on date there are no rival claims, necessarily, the respondent, before taking a final decision, will have to hear all the necessary parties, which includes the petitioner's mother, who had executed the settlement deed, which reveals that the petitioner is only having life interest.

6. However, the petitioner contends that by virtue of the Civil Court decree obtained by her, the life interest has been removed.

7. This Court is not expressing any opinion on the merits of the respective contentions.

8. Since the impugned order has been passed in violation of principles of natural justice and as all the parties have not been heard prior to the passing of the impugned refusal check slip, and the impugned order is a non-speaking order with regard to the petitioner's contentions, necessarily, the impugned order dated 19.02.2026 passed 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.

9. Accordingly, the impugned order dated 19.02.2026 passed by the respondent is hereby quashed, and the matter is remanded back to the respondent for fresh consideration on merits and in accordance with law. The respondent shall issue notice to all the necessary parties, including the petitioner's mother, who had executed the sale deed in favour of the petitioner, and after hearing their objections, if any, and after giving due consideration to the contentions of the petitioner, as well as the supporting documents produced by the petitioner, shall take a final decision within a period of four weeks from the date of receipt of a copy of this order.

10. In case, the respondent decides to refuse registration of the sale deed presented by the petitioner, the respondent shall pass a speaking order, after giving due consideration to the contentions of the petitioner as well as the supporting documents produced by the petitioner.

11. With the aforesaid directions, this writ petition is disposed of. No Costs.

 
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