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2026 Supreme(Online)(Mad) 5180
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
K.LAKSHMI DEVI – Appellant
Versus
INSPECTOR GENERAL OF REGISTRATION – Respondent
WP No. 1596 of 2026
For the Appellants/Petitioners: Sunny Sheen Akkar, S. Deiva Sigamani
For the Respondents: U. Baranidharan
A registering officer must issue notice to all affected parties and provide a reasonable opportunity to be heard before issuing a speaking order under Section 71 of the Registration Act, 1908, when refusing to register a document.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash a refusal slip issued by the second respondent and to direct the registration of a sale deed dated 29.12.2025. The registering authority had declined the registration on the grounds that the property had been previously conveyed to third parties by the petitioner's agent under a power of attorney. The primary issue was whether the refusal to register the document was valid given that the affected parties were not put on notice. The court observed that the refusal check slip was issued shortly before an amendment to the Registration Act, 1908, which introduced Section 34C, and noted that the refusal was issued without providing notice to the parties who would be affected. The writ petition stands disposed of on the above terms.
| Table of Content |
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| 1. refusal of sale deed registration based on prior conveyance and the argument that such conveyance is not an absolute impediment. (Para 1 , 2 , 3) |
| 2. requirement of notice to affected parties and the issuance of a speaking order under section 71 of the registration act, 1908. (Para 4) |
| 3. final disposal of the writ petition. (Para 5) |
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the Refusal Slip No.RFL/2 Joint Sub Registrar, Tiruppathur No.276/2025 dated 3012.2025 on the file of the second respondent herein and quash the same and consequently directing the second respondent to register the sale deed dated 29.12.2025 presented by the petitioner.
For Petitioner: Mr.Sunny Sheen Akkar
for Mr. S.Deiva Sigamani
For Respondents: Mr.U.Baranidharan, Spl. G.P.
ORDER
Intending to sell a property over which the petitioner asserts title, the petitioner executed a sale deed in favour of G.Shanmugam, P.Venkatesan & Mubarak Basha and presented the same for registration. The request for registration was declined under the impugned refusal check slip.
2. By relying on the judgment of the Division Bench of this Court in N. Ramayee v. Sub-Registrar, Registration Department and another , 2020 SCC OnLine Mad 5231, learned counsel for the petitioner contends that this Court held that a prior conveyance is not an impediment to the registration of a subsequent conveyance in respect of the same property.
3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for both the respondents. He submits that the request for registration was declined because the relevant property had been conveyed to third parties by the petitioner's agent under a power of attorney. He also submits that the matter may be remanded for reconsideration after issuing notice to all parties concerned, including the purchasers under the erstwhile conveyances.
4. The refusal check slip was issued on 30.12.2025. Shortly thereafter, an amendment was made to the Registration Act, 1908 by including Section 34C in the statute. The impugned refusal check slip was issued without putting parties who would be affected thereby on notice. Hence, reconsideration is warranted. In order to facilitate the same, the impugned order is set aside and the matter is remanded to the registering officer. The registering officer shall issue notice to the petitioner, the executant and claimant under previous conveyances, provide a reasonable opportunity to the said persons and thereafter issue a speaking order in terms of Section 71 of the Registration Act, 1908 within one month from the date of receipt of a copy of this order.
5. The writ petition stands disposed of on the above terms. There will be no order as to costs.
03-02-2026
Index : Yes/No
Internet:Yes/No
Neutral Citation : Yes/No
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