← Library
Madras High CourtWP/11594/2025disposed of

A.Dhawoodkhan v. The Sub Registrar Office

2025-04-08Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Dhawoodkhan S/o.Azizkhan Petitioner Vs

1. The Sub Registrar Office, Sankarapuram, Kallakurichi- 606 401.

2.The District Registrar, No.57/4, Gopuram Complex, Kacherry Road, Kallakurichi- 606 202.

3.I.Ayupkhan S/o. Ibrahimkhan 4.A.Mumtaj W/o.Ayupkhan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 07.01.2025. For Petitioner : Mr.V.Babu For Respondents : Mr.R.Sasikumar Government Advocate [R1 & R2] *****

O R D E R

1/4

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to consider the representation made by the petitioner on 07.01.2025 wherein the petitioner has submitted an objection to the effect that the owner of the property had borrowed money from the petitioner and without repaying the amount, an attempt is being made to sell away the property.

2. Heard Mr.V.Babu, learned counsel for petitioner and and Mr.R.Sasikumar, learned Government Advocate appearing for respondents 1 and 2.

3. In the considered view of this Court, if the owner of the property had borrowed money from the petitioner and the said amount has not been repaid, the petitioner has to go before the civil Court and seek for recovery of money. It also goes without saying that the petitioner can seek for attachment before judgment if the owner of the property is attempting to sell away the property. Without resorting to this process, the petitioner cannot make a representation to the Sub-Registrar and request the Sub-Registrar not to register any document pertaining to the subject property. The relief as sought for by the petitioner is wholly 2/4

misconceived and there are absolutely no merits in the present writ petition.

In the result, this writ petition is dismissed. No costs. 08.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Sub Registrar Office, Sankarapuram, Kallakurichi- 606 401.

2.The District Registrar, No.57/4, Gopuram Complex, Kacherry Road, Kallakurichi- 606 202.

N.ANAND VENKATESH, J 3/4

gm 08.04.2025 4/4