Refusal Check Slip, Reasoned Order and Section 72 Appeal: Madras High Court Explains the Steps
Court category: High Court
Court / details: Madras High Court, Principal Seat
Location: Tamil Nadu
The Division Bench set aside a direction to register a power of attorney and allowed the presenter to pursue the statutory appeal.
The Division Bench set aside a direction to register a power of attorney and allowed the presenter to pursue the statutory appeal.
Case reference — The Sub Registrar v. A. Nithiyanandam, W.A. No. 2422 of 2026, 2026:MHC:4280, 13 October 2026, Justices S.M. Subramaniam and R. Rajesh Vivekananthan
What the Division Bench reviewed
A writ order had directed registration of a power of attorney. The Division Bench set it aside and gave the presenter liberty to challenge the registering authority’s order before the statutory appellate authority.
The stages identified by the court
The Bench treated a refusal check slip as a preliminary decision. It explained that the presenter can respond with objections and documents, and the authority must make a reasoned decision. In the statutory route discussed in this case, a Section 71 order is appealable under Section 72, and a qualifying Registrar refusal may lead to a civil suit under Section 77.
Where title disputes belong
The registering authority’s enquiry concerns whether the document can be registered. Its findings do not settle ownership or civil rights. The Bench directed the appellate authority to entertain this appellant’s appeal without reference to delay, a direction specific to this case.
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