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2026 Supreme(Online)(Mad) 35584

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Chitra W/o. C. Sanjeevan – Appellant
Versus
The Sub-Registrar Morappur Sub-Registration Office, Dharmapuri District – Respondent



Advocates:
For the Petitioner(s): Mr.C.Prabakaran
For the Respondent(s):Mr.P.Harish Govt.Advocate

Non-speaking orders refusing registration violating natural justice principles are quashed and remanded for fresh consideration.

Headnote:The petitioner challenged an order refusing registration of a sale deed for land in an unapproved layout. Relevant circular dated 16.03.2020 was relied upon. Court found the impugned order non-speaking and violative of natural justice principles, lacking consideration of petitioner's contentions and opportunity of hearing. Issues framed: Whether refusal to register was valid without applying circular and hearing petitioner. Ratio: Non-speaking orders violating natural justice are invalid; matters must be remanded for fresh consideration with speaking orders. Writ petition disposed of with impugned order quashed and remanded for fresh decision within stipulated time.

Table of Content
1. challenges refusal to register sale deed in unapproved layout citing circular. (Para 1 , 2)
2. impugned order non-speaking and violates natural justice. (Para 3 , 4)
3. quash order, remand for fresh consideration with speaking order. (Para 5 , 6 , 7)

ORDER

This writ petition has been filed, challenging the impugned order dated

27.03.2026 issued by the respondent, refusing to register the sale deed presented by the petitioner for registration on the ground that the land which is the subject matter of the sale deed falls in an unapproved layout.

2. The petitioner relies upon a circular dated 16.03.2020 in support of the petitioner’s contention that by total non application of mind to the said circular, the respondent has refused to register the sale deed presented by the petitioner for registration. The circular dated 16.03.2020 has also been placed on record before this Court. This Court is not expressing any opinion on the merits of the same.

3. As seen from the impugned order dated 27.03.2026, the petitioner’s contentions as raised in this writ petition along with the petitioner’s supporting documents have not been considered by the respondent. The petitioner was also not afforded any opportunity of hearing by the respondent prior to passing of the impugned order dated 27.03.2026.

4. Since the impugned order dated 27.03.2026 is a non-speaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned order dated 27.03.2026 has to be quashed and the matter has to be remanded back to the respondent for fresh consideration on merits and in accordance with law.

5. Accordingly, the impugned order dated 27.03.2026 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 petitioner shall submit a written explanation to the respondent along with supporting documents, stating as to why there is no legal impediment for the respondent to register the sale deed presented by the petitioner for registration 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 respondent after giving due consideration to the written explanation submitted by the petitioner and the supporting documents produced by the petitioner, shall take a final decision as to whether the sale deed can be registered or not within a period of four weeks thereafter.

6. 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.

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

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