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Madras High CourtWP/3716/2023dismissed

V.Dayalan v. The District Registrar

2026-03-30Honourable Mr Justice Krishnan Ramasamy10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY W.P No. 3716 of 2023 V.Dayalan S/o.Veerasamy Reddiar, 10/3, 8th Cross, Dayananda Nagar, Sriramapuram, Bangalore-560 021.

..Petitioner Vs

1. The District Registrar District Registrar Office, Krishnagiri-635 001.

2. The Sub-Registrar Sub-Registrar Office, Hosur-635 109.

3. Munireddy S/o.Late.Kuppalli Reddy, No.4/727, Sithanapalli Village, Nallur Post, Hosur Taluk, Krishnagiri District.

4. Chinnamma W/o.Munireddy, Door No.3/14-1, Sithanapalli Village, Nallur Post, Hosur Taluk, Krishnagiri District.

5. Rajamma W/o.Ramareddy, Door No.3/796B, Sithanapalli Village, Nallur Post, Hosur Taluk, Krishnagiri District.

6. R.Murali S/o.Ramareddy, Door No.3/163, Sithanapalli Village, Nallur Post, Hosur Taluk, Krishnagiri District.

7. Barathamma W/o.Rameshreddy, Door No.4/12 B,

Sithanapalli Village, Nallur Post, Hosur Taluk, Krishnagiri District.

8. Gopinathreddy S/o.Rameshreddy, Door No.73, Sithanapalli Village, Nallur Post, Hosur Taluk, Krishnagiri District.

9. Amaravathi W/o.Maleshreddy, Kumudhapalli Village, Thorapalli Agraharam Post, Hosur Taluk, Krishnagiri District.

10.P.Santhosh S/o.Prakash Reddy, Hudco Siddapura Road, Doodakannalli Carmelaram, Bangalore-560 035, Karnataka.

..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 21.11.2022 for making necessary entries of fraudulent Sale Deeds dated 12.10.2022, registered as Document Nos. 19058 / 2022 and 19062/2022, as per the G.O. No. 392, dated 02.09.2021 as per Section 77A of the Registration Act and Circular No. 41530 / U1 / 2017, dated 25.03.2022 issued by the Inspector General of Registration, in Book No. 1 on the file of Sub-Registrar, Hosur, within the time to be stipulated by this Court. For Petitioner:

Ms.R.Divyapreathika For Respondents:

Ms.K.Aswini Devi (R1 and R2) Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to consider the petitioner's representation dated 21.11.2022 for making necessary entries of fraudulent Sale Deeds dated 12.10.2022, registered as Document Nos. 19058 / 2022 and 19062/2022, as per the G.O. No. 392, dated 02.09.2021 as per Section 77A of the Registration Act and Circular No. 41530 / U1 / 2017, dated 25.03.2022 issued by the Inspector General of Registration, in Book No. 1 on the file of Sub-Registrar, Hosur, within the time to be stipulated by this Court.

2. The case of the petitioner in nutshell is as follows: (i) The petitioner is the owner of the property to an extent of 3.39 acres in Survey No.759/3B of Nallur Village, Hosur Taluk, Krishnagiri District, having purchased the same under the registered Sale Deeds registered as Document Nos.4290/1987, 4499/1988, 3691/1990, 935/1991 and 913/1993. After updating Registry Scheme (UDR), in patta No.634, the joint names of Ramareddy and the petitioner were recorded. Subsequently, the petitioner came to know that at the instance of Ramareddy, the Tahsildar vide proceedings dated 04.06.1996 ordered for sub division of Survey No.759/3 and granted Patta No.634 in favour of Ramareddy in respect of 2.40 acres 0.97 hectares in Survey

No.759/3A and in Patta No.1577, the petitioner's name was recorded in respect of 2.38 acres 0.96.5 hectares instead of 3.39 acres in Survey No.759/3B. On coming to know the said illegality in sub-divisions, the petitioner filed a revision petition before the District Revenue Officer, Krishnagiri and after due hearing, the DRO, Krishnagiri had passed an order dated 23.01.2008 and ordered for issuance of patta in his favour for an extent of 3.39 acres, pursuant to which the Tahsildar also granted patta No.2339 in favour of the petitioner for an extent of 3.39 acres.

(ii) Feeling aggrieved by the same, the said Ramareddy herein filed a suit in O.S.No.68/2008 on the file of District Munsif Court, Hosur for declaration of title and for injunction against the petitioner and the same is pending. Thereafter, one Mr.P.Rajasekar S/o.Pappyreddy sold an extent of 0.60 cents in Survey No.759/3B2 in favour of G.Krishnan vide Sale Deed dated 14.12.2011 registered as Document no.18148/2011, without any semblance of right. G.Krishnan executed a Settlement Deed dated 28.08.2014 in favour of his son Mr.K.Vijay Kumar. Revenue records also mutated in his favour vide Patta No.2963. The petitioner filed a Writ Petition in W.P.No.26682 of 2019 and the same was disposed of vide order dated 08.11.2019. Based on the said order, the Tahsildar conducted an enquiry and cancelled the Patta No.2963 and fresh Patta No.2805 was issued to him to an extent of 3.39 acres vide proceedings dated 24.01.2020. Feeling aggrieved by the said order of Tahsildar, one Arivanandham filed an Appeal before the DRO, Krishnagiri and the same was

rejected vide proceedings dated 31.03.2022. No further proceedings have been initiated so far as against the order of DRO. On the basis of patta No.7873, the respondents 3 to 5 have clandestinely received NOC from the police officials, Karnataka and executed an Sale Deed dated 12.10.2022, registered as Document No.19058/2022 on the file of SRO, Hosur in favour of the respondents 7 to 9 herein to an extent of 0.23 cents in Survey No.759/3B1B and the Respondents 3 to 5 have executed an another Sale Deed dated 12.10.2022, registered as Document No.19062 of 2022 to the Respondents 7 to 9, to an extent of 0.22 cents in Survey No.759/3B1B. In this regard, the petitioner made a representation to the respondents 1 and 2 on 21.11.2022 for making necessary entries of fraudulent Sale Deeds dated 12.10.2022, registered as Document Nos.

19058 / 2022 and 19062/2022, as per the G.O. No. 392, dated 02.09.2021 as per Section 77A of the Registration Act and Circular No. 41530 / U1 / 2017, dated 25.03.2022 issued by the Inspector General of Registration, in Book No. 1 on the file of Sub-Registrar, Hosur, within the time to be stipulated by this Court. As no action has been taken on the same, the petitioner has filed this Writ Petition seeking for the aforesaid relief.

2.1. The learned counsel appearing for the petitioner would submit that subsequent to the death of Ramareddy, his legal heirs viz., the respondents 3 to 6 fraudulently sold the subject properties to the respondents 7 and 9, pending the civil suit. Therefore a direction may be given to the respondents 1 and 2 to

record the said fraudulent Sale Deeds as per Section 77A of the Registration Act and Circular No. 41530 / U1 / 2017, dated 25.03.2022 issued by the Inspector General of Registration, in Book No. 1 on the file of Sub-Registrar, Hosur.

3. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that when the Sale Deeds were presented before the 2nd respondent by the respondents 3 to 6, the said Authority has registered the same and they are not aware of the proceedings pending before the Civil Court.

4. Heard both sides. Perused the records.

5. In the case on hand, the grievance of the petitioner is that pending the Civil Suit filed by one Ramareddy, the respondents 3 to 6 who are the legal heirs of the Ramareddy fraudulently sold the subject properties to the respondents 7 to 9, based on the old patta issued in the name of Ramareddy and therefore seeks to record the said fraudulent Sale Deeds as per Section 77A of the Registration Act and Circular No. 41530 / U1 / 2017, dated 25.03.2022 issued by the Inspector General of Registration, in Book No. 1 on the file of Sub-Registrar, Hosur. It is the case of the respondents 1 and 2 that they are not aware of the proceedings pending before the Civil Court at the time of

registration of the Sale Deeds.

6. In the case on hand, Civil Suit is pending with respect to the subject property and therefore any sale made will be subject to the outcome of the Civil Suit. Since the respondents 3 to 6 sold the subject property to the respondents 7 to 9 and as the Civil Suit filed by Ramareddy is pending before the District Munsif Court, Hosur, if the petitioner is aggrieved by the registration of Sale Document, the right course available to him is only to agitate his grievance before the District Munsif Court, Hosur by filing appropriate application.

7. In such view of the matter, this Court is not inclined to grant any relief sought for by the petitioner. Hence, this Writ Petition is dismissed giving liberty to the petitioner to agitate his rights before the District Munsif Court, by filing necessary application before the District Munsif Court, Hosur, No costs. 30-03-2026 Index: Yes/No Speaking/Non-speaking order arr

To

1. The District Registrar District Registrar Office, Krishnagiri-635 001.

2. The Sub-Registrar Sub-Registrar Office, Hosur-635 109.

KRISHNAN RAMASAMY, J.

arr 30-03-2026