IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SENTHILKUMAR RAMAMOORTHY
PANDIAN CHINNAPAIYAN – Appellant
Versus
DISTRICT REGISTRAR – Respondent
##PAGE1##
WP No. 1396 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-01-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
WP No. 1396 of 2026
Pandian Chinnapaiyan, S/o. Chinnapaiyan,
Residing at No.1/406, Jilbhagoundanur,
Kothur, Thiruppathur,
Vellore, Tamilnadu - 635 854.
..Petitioner
Vs
1. District Registrar, District Registrar Office,
District Collector Office,
4th floor, C-block,
Tirupathur – 635601.
2. The Sub Registrar
Natrampalli Sub Registrar Office,
Thirupathur Taluk,
Vellore District,
Tamil Nadu - 635 852.
..Respondents
__________
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##PAGE2##WP No. 1396 of 2026
Prayer : Writ Petition is filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus calling for records
relating to the impugned letter in Ref No. Na.Ka.No.3048/AA1/2025, dated
04.11.2025 passed by the 1st Respondent and quash the same and set aside the
refusal check slips dated 30.09.2025 and 08.10.2025 and directing the
respondent to the register the Court decree, dated 19.07.2002 in O.S.No.16/1999
passed by the learned Subordinate Judge’s Court, Tirupattur, presented by the
petitioner for registration on 30.09.2025 and release the same after due
registration.
For Petitioner: Mr. S.Praveennath
For Respondents: Mr.U.Baranidharan, Spl. G.P.
ORDER
The petitioner sought registration of the decree dated 19.07.2002 in
O.S.No.16 of 1999. Taking note of multiple registered documents both prior
and subsequent to the decree, the request for registration was declined under
refusal check slip dated 08.10.2025. The matter was carried in appeal before the
District Registrar, who declined to entertain the appeal under communication
dated 04.11.2025.
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##PAGE3##WP No. 1396 of 2026
2. Learned counsel for the petitioner submits that the reasons assigned in
the refusal check slip for declining to register the court decree are untenable.
3. Mr.U.Baranidharan, learned Special Government Pleader, accepts
notice for both the respondents. He submits that the request for registration was
declined in view of the number of registrations that were made both prior to the
issuance of the decree and thereafter, especially in view of the efflux of time
between the issuance of the decree and the request for registration.
4. Although the refusal order does not draw reference to Section 71 of the
Registration Act, 1908, it is noticeable that it is a detailed order recording
several reasons for refusal. In those circumstances, the District Registrar should
have entertained the appeal under Section 72 of the Registration Act. Because
he declined to entertain the appeal on the sole ground that no appeal is
maintainable against a refusal check slip, the order of the District Registrar is
set aside and the matter is remanded to the District Registrar for consideration
of the appeal under Section 72. For this purpose, the order refusing to register
shall be construed as an order under Section 71 of the Registration Act. After
providing a reasonable opportunity to the petitioner and all others who would be
affected by such order, a speaking order shall be issued under Section 72 by the
District Registrar within one month from the date of receipt of a copy of this
order.
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##PAGE4##WP No. 1396 of 2026
SENTHILKUMAR RAMAMOORTHY, J.
KJ
5. The writ petition stands disposed of on the above terms. There will be
no order as to costs.
30-01-2026
Index : Yes/No
Internet:Yes/No
Neutral Citation : Yes/No
kj
To
1.District Registrar, District Registrar Office,
District Collector Office,
4th floor, C-block,
Tirupathur – 635601.
2.The Sub Registrar
Natrampalli Sub Registrar Office,
Thirupathur Taluk,
Vellore District,
Tamil Nadu - 635 852.
WP No. 1396 of 2026
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