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2026 Supreme(Online)(Mad) 19159

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
S.Suganya – Appellant
Versus
The District Registrar Dharmapurai District – Respondent
W.M.P. No.8447 of 2026 | W.P.No.847 of 2026



Advocates:
For the Appellants/Petitioners: Mr.C.Palanisamy
For the Respondents: Mr.U.Baranidharan, Special Government Pleader

Parties must pursue statutory remedies available under the law before seeking Writ relief.

Headnote:Statute Analysis: The judgment involves Article 226 of the Constitution of India concerning the issuance of Writ of Certiorarified Mandamus. Facts: The petitioner challenged the refusal to register a sale deed due to alleged inaccuracies regarding land entitlement, following a prior court direction. Findings: The Court determined that the petitioner had the option to appeal the decision rather than seek a writ.

Issues: The Court framed the issue of whether the Writ Petition could proceed given the available statutory remedy.

Ratio Decidendi: The Court reasoned that the impugned order was a speaking order after a hearing, thus requiring the statutory appeal to be followed.

Result: The Writ Petition is disposed of by directing the petitioner to file an appeal within one week.

Table of Content
1. petitioner's appeal for registration refusal. (Para 1 , 2)
2. court's discussion on statutory remedies. (Para 3)
3. directions for appealing the decision. (Para 4)

O R D E R

This Writ Petition has been filed challenging the impugned order dated

18.02.2026 passed by the 2nd respondent refusing to register the sale deed presented by the petitioner for registration.

2.The aforesaid order is passed pursuant to directions given by this Court on 27.01.2026 in the earlier Writ Petition filed by the petitioner in W.P.No.847 of 2026. In the impugned order, the 2nd respondent has refused to register the sale deed presented by the petitioner for registration on the ground that in the sale deed, larger extent of land has been mentioned than what the petitioner is legally entitled to. The said contention is disputed by the petitioner in this Writ Petition.

3.However, as seen from the impugned order, it is the speaking order and the petitioner was also afforded with an opportunity of hearing in the impugned proceedings. Being a speaking order and an order passed after hearing the petitioner, the question of entertaining this Writ Petition does not arise. The only remedy available to the petitioner if aggrieved by the impugned order is by filing the statutory appeal before the competent authority as provided under Section 72 of the Registration Act, 1908. The only limited relief that can be granted to the petitioner in this Writ Petition is to direct the appellate authority to dispose of the petitioner’s appeal as and when the same is presented, within a time frame to be fixed by this Court. The appellate authority is the 1st respondent, before whom the statutory appeal will have to be filed by the petitioner, if aggrieved by the impugned order.

4.For the foregoing reasons, this Writ Petition is disposed of by directing the petitioner to file the statutory appeal as against the impugned order, before the 1st respondent, within a period of one week from the date of receipt of a copy of this order. On receipt of the same within the stipulated time, the 1st respondent shall pass final orders on merits and in accordance with law, by adhering to principles of natural justice, within a period of eight weeks thereafter. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

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