K.Rajesh Kumar vs The Sub Registrar - 2026 Supreme(Online)(Mad) 35598

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2026 Supreme(Online)(Mad) 35598

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhoose, K.Rajesh Kumar, JJ
K.Rajesh Kumar – Appellant
Versus
The Sub Registrar – Respondent
Writ Petition

Important Points

Registration authorities must hear third-party objections before deciding on sale deed registration and issue speaking order if refused.

Subject

Civil - Writ Petition - Property Registration

Act Referred

Constitution of India: S.226

Headnote

The petitioner sought a writ of mandamus under Article 226 of the Constitution of India to direct registration authorities to register a sale deed based on a prior registered sale agreement, following a representation. A third party filed a protest petition opposing registration. The court noted the need to hear the third party before deciding on registration. The primary issue was whether registration could proceed despite the third-party protest. The court directed hearing the protester's objections without opining on merits, emphasizing procedural fairness in registration process under relevant registration laws. The writ petition was disposed of, directing the petitioner to present the sale deed within two weeks; the Sub-Registrar to issue notice to the third party, hear objections, decide within two weeks, and pass a speaking order if refusing registration.

Advocates:
For Petitioner: Mr.S.Ramajayam
For Respondents:Mr.P.Harish Government Advocate

Table of Content
1. petition seeks mandamus for sale deed registration. (Para 1 , 2)
2. third-party protest; petitioner agrees to present deed. (Para 3 , 4)
3. hear third party before registration decision. (Para 5 , 6)
4. direct presentation, notice, hearing, and speaking order. (Para 7)

ORDER

This writ petition has been filed to direct the respondents to register the sale deed presented by the petitioner for registration based on the petitioner’s representation dated 11.02.2026.

2. Mr.P.Harish, learned Government Advocate, accepts notice on behalf of the respondents.

3. At the outset, learned Government Advocate appearing for the respondent would submit that there is a protest petition filed by a third party opposing registration of any document pertaining to the property, which is the subject matter of the sale deed to be presented by the petitioner for registration.

4. Learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to present the sale deed for registration with the 1^st respondent.

5. Since there is a protest petition filed by a third party, necessarily, the said third party will have to be heard before registering the sale deed to be presented by the petitioner for registration. Learned counsel for the petitioner has also not raised any serious objection, if the third party is heard by the 1^st respondent prior to the registration of sale deed to be presented by the petitioner. However, he would submit that there is no legal impediment for the 1^st respondent to register the sale deed to be presented by the petitioner for registration.

6. This Court is not expressing any opinion on the merits of the respective contentions.

7. After hearing the submissions of both the counsels, this Writ Petition is disposed of by directing the petitioner to present the sale deed for registration with the 1^st respondent, within a period of two (2) weeks from the date of receipt of a copy of this order. On presentation of the sale deed for registration, the 1^st respondent shall issue notice to the third party, who has filed the protest petition and after hearing his objections, the 1^st respondent shall take a decision as to whether the sale deed presented by the petitioner can be registered or not, within a period of two (2) weeks thereafter. In case, the 1^st respondent decides to refuse registration of the sale deed presented by the petitioner for registration, the 1^st respondent shall pass a speaking order as to why the sale deed presented by the petitioner cannot be registered. No Costs.