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Madras High CourtWP/6754/2026disposed of

V. Prabhu v. The District Collector,

2026-03-02Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE V. Prabhu ..Petitioner(s) Vs

1. The District Collector, Tiruvannamalai District 606 604.

2. The District Registrar, Tiruvannamalai District 606 601.

3. The Joint Sub - Registrar -II, Joint Sub - Registrar Office, Tiruvannamalai District 606 601.

4. M/s. Kumaran Educational Trust, Rep. by its President, Mr. V.Muthukumaran, New No.49, Old No.29, Chellaneri Street, Tiruvannamalai.

5. Mr. Muthukumaran,

6. Mrs. Umadevi,

7. V.Lalitha,

8. Mr. Ramamurthy ..Respondent(s) Writ petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct 2nd and 3rd Respondent herein to cancel the Sale Deed in Document No.861 of 2010 dated 04/02/2010 as the sale of Property to an extent of 27,510 Square Feet comprised in Survey No.43 /4, Old Survey Nos.44/2, 44/3, 45/2A. 45 /2C is violative of the Trust Act

and the interest of the Beneficiaries and consequently consider the Protest Application dated 28/11/2025 filed by the petitioner. For Petitioner(s):

Mrs.Karthika Ashok For Respondent(s):

Mr.U.Baranidharan, SGP (R1 to R3)

ORDER

This writ petition has been filed seeking for two reliefs; (a) one for cancellation of sale deed dated 04.02.2010 bearing Document No.861 of 2010; and (b) another is to consider the protest application dated 28.11.2025 submitted by the petitioner, whenever any document is presented for registration by the respondents 6 to 8.

2. Insofar as the first prayer is concerned, the learned counsel for the petitioner on instructions would submit that the petitioner is not pressing for the first prayer. However, liberty may be granted to the petitioner to approach the Civil Court. She has also made an endorsement to that effect in the court bundle.

3. Insofar as the second relief is concerned, the learned counsel for the petitioner seeks for a direction to the official respondents to consider his protest petition whenever any document is presented for registration by the respondents 6 to 8 pertaining to the subject property.

4. It is now settled law as laid down by various decisions of this Court as well as the Hon'ble Supreme Court, that if a party seeking for cancellation of any registered document, the said party will have to necessarily approach the competent Civil Court and not this Court under Article 226 of the Constitution of India. In view of the same, the first prayer sought for by the petitioner cannot be entertained by this Court and therefore, in terms of the endorsement made by the learned counsel for the petitioner, the petitioner is at liberty to approach the competent Civil Court seeking for cancellation of the sale deed dated 04.02.2010 bearing Document No.861 of 2010. Insofar as the second relief sought for by the petitioner is concerned, a direction is issued to the third respondent to consider his protest petition dated 28.11.

2025, on merits and in accordance with law, whenever any document is presented by any third party or by the respondents 6 to 8 for registration, and provide an opportunity of hearing to the petitioner to raise all objections available to him under law. With the aforesaid directions, this writ petition is disposed of. No Costs.

1. The District Collector, Tiruvannamalai District 606 604.

2. The District Registrar, District Registrar office, Tiruvannamalai District 606 601.

3. The Joint Sub - Registrar -II, Joint Sub - Registrar Office, Tiruvannamalai District 606 601.

ABDUL QUDDHOSE, J.

RKM 02-03-2026