Kumarasamy Ponnayan v. The Inspector General of Registration
WP/20564/2026 · 2026-07-17
Krishnan Ramasamy
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 54808 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 54808 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No. 20564 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 20564 of 2026 Kumarasamy Ponnayan S/o. Ponnayan, No.6/205A, Kulathu Thottam, Kampanayakanpalayam, Karegoundenpalayam, Annur, Coimbatore -641 697 ..Petitioner(s) Vs
1. The Inspector General of Registration No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028
2. The Sub Registrar Annur, CSR Nagar, Avanashi road, Annur, Coimbatore -641 653 ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd Respondent in RFL/Annur/50/2026 dated 22.05.2026 and quash the same as illegal, arbitrary and non est in law and consequently direct the 2nd Respondent to register the Settlement Deed dated 22.05.2026 and release the same to the petitioner within the time frame stipulated by this Honble Court For Petitioner(s): Mr.M.Nandhakumar For Respondent(s): Mr.M.Roshan Atiq, Govt. counsel https://www.mhc.tn.gov.in/judis
WP No. 20564 of 2026 __________ Page2 of 6 Order This writ petition has been filed against the impugned order dated 22.05.2026 passed by the 2nd respondent. 2. The learned counsel for the petitioner would submit that in this case, the petitioner had presented a settlement deed for the purpose of registration before the 2nd respondent. However, the 2nd respondent had refused to register the said document vide the impugned order by questioning the ownership of the property. 3. Further, he would submit that the subject property was settled in favour of petitioner by his father and till date, no objection was received from any 3rd parties with regard to the registration of document, pertaining to the subject property. Under these circumstances, 2nd respondent has no authority to question the ownership and reject the registration of the settlement deed executed in favour of the petitioner. However, without any application of mind, he refused to register the same vide a non-speaking order, which is not proper. Hence, this petition. https://www.mhc.tn.gov.in/judis
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4. In reply, the learned counsel appearing for the respondents had confirmed that it is a non-speaking order and hence, he requests this Court to pass appropriate orders. 5. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record. 6.
In the case on hand, a settlement deed, pertaining to the subject property, was executed in favour of the petitioner by his father. When the said deed was presented before the respondent for the purpose of registration, the 2nd respondent had refused to register it vide the impugned order by questioning the ownership of the property. 7. As rightly contended by the petitioner, the aforesaid settlement deed was executed by the petitioner’s father in favour of the petitioner and also no objection was raised from any of the 3rd parties in respect to the registration of the said deed till date. Further, it was submitted by the petitioner that the patta, pertaining to the subject property, stands in the name of petitioner’s father, who executed the settlement deed. In such case, the 2nd respondent has no authority to examine the aspect of ownership or determine the title over the subject property and hence, it is clear that the impugned refusal order was passed beyond the jurisdiction of the 2nd respondent. https://www.mhc.tn.gov.in/judis
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8. Further, upon perusal of the impugned order, it appears that it is a non- speaking order, which was passed without assigning any proper reason. When such being the case, this Court is of the clear view that the impugned order was passed in total non-application of mind and hence, it is liable to be set aside. 9. At this juncture, the learned counsel appearing for the respondent seeks leave of this Court to conduct enquiry and thereafter, register the settlement deed, if it is otherwise in order. 10. However, this Court is not inclined to accede to the above request made by the respondent. In this case, the 2nd respondent had already rejected the registration of petitioner’s settlement deed by suspecting the ownership of the petitioner.
Now, it was clearly explained that the said settlement deed was executed by the petitioner’s father in favour of the petitioner and till date, no objection was raised by any of the 3rd parties, either before the 2nd respondent or before this Court for registration of settlement deed, pertaining to the subject property. When such being the case, this Court does not find any substance in the submission made by the respondent and hence, the same is hereby rejected. 11. Accordingly, the impugned order dated 22.05.2026 is set aside. The petitioner is directed to re-present the settlement deed dated 22.05.2026. Upon https://www.mhc.tn.gov.in/judis
WP No. 20564 of 2026 __________ Page5 of 6 re-presentation, the 2nd respondent is directed to register the same within a period of 48 hours therefrom. 12. With the above directions, this writ petition is disposed of. No cost. 13. Post this matter on 05.08.2026 for reporting compliance. 17-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nsa To
1. The Inspector General of Registration No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028
2. The Sub Registrar Annur, CSR Nagar, Avanashi road, Annur, Coimbatore -641 653 https://www.mhc.tn.gov.in/judis
WP No. 20564 of 2026 __________ Page6 of 6 KRISHNAN RAMASAMY J. nsa WP No. 20564 of 2026 17-07-2026 https://www.mhc.tn.gov.in/judis