IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
C.Radhakrishnan – Appellant
Versus
Inspector General of Registration – Respondent
WMP NO. 17025 OF 2026|WMP NO. 17024 OF 2026
| Table of Content |
|---|
| 1. challenges to refusal of partition deed registration (Para 1 , 2) |
| 2. non-consideration of petitioner's contentions and documents (Para 3 , 4) |
| 3. quash refusal and remand for fresh consideration (Para 6 , 7 , 8) |
ORDER
This writ petition has been filed, challenging the impugned refusal check slip dated 20.01.2026 issued by the third respondent, refusing to register the partition deed dated 20.01.2026 presented by the petitioner for registration on the ground that the very same property, which is the subject matter of the partition deed presented by the petitioner for registration was already dealt with by the first petitioner’s sister.
2. The petitioner has challenged the impugned order on the ground that the impugned refusal check slip dated 20.01.2026 is a non speaking order with regard to the contentions of the petitioner and the impugned order has been passed in violation of the principles of natural justice as the petitioner was not afforded any opportunity of hearing prior to the passing of the impugned refusal check slip dated 20.01.2026.
3. According to the petitioner, the first petitioner and his sister, who had executed the earlier document, which has been relied upon by the third respondent have compromised the dispute amongst themselves and therefore, the third respondent ought not to have relied upon the said document executed by the first petitioner’s sister for refusing to register the partition deed presented by the petitioner for registration.
4. As seen from the impugned refusal check slip dated 20.01.2026, the petitioner’s contentions as raised in this writ petition along with the petitioner’s supporting documents have not been considered by the third respondent. The petitioner was also not afforded any opportunity of hearing by the third respondent prior to passing of the impugned refusal check slip dated
20.01.2026.
5. Since the impugned refusal check slip dated 20.01.2026 is a non-
speaking order and is an order passed in violation of the principles of natural justice, necessarily, the impugned refusal check slip dated 20.01.2026 has to be quashed and the matter has to be remanded back to the third respondent for fresh consideration on merits and in accordance with law.
6. Accordingly, the impugned refusal check slip dated 20.01.2026 issued by the third respondent is hereby quashed and the matter is remanded back to the third respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation to the third respondent along with supporting documents, stating as to why there is no legal impediment for the third respondent to register the partition deed dated 20.01.2026 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 third 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 partition deed dated 20.01.2026 can be registered or not within a period of three weeks thereafter, after hearing all the necessary parties.
7. In case, the third respondent decides to refuse registration of the partition deed dated 20.01.2026 presented by the petitioner, the third 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.
8. With the aforesaid directions, this writ petition is disposed of. No Costs. Consequently, W.M.P. No.17024 of 2026 is ordered subject to payment of separate Court fee and W.M.P. No.17025 of 2026 is closed.
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