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2026 Supreme(Online)(Mad) 4729

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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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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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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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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