K.R.Kaliyan v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY K.R.Kaliyan S/o.Rajagopal, West Street, Koo Thangal, Ellaigramam, Ulundurpet Taluk, Kallakurichi District.
..Petitioner(s) Vs
1. The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai-600 028.
2. The Sub Registrar, Sub Registrar Office, Elavanasur, Ulundurpet Taluk, Kallakurichi District.
3. The Tahsildar, Ulundurpet Taluk Office, Kallakurichi District.
4. Venkatachala Konar, S/o. Iyyakannu Konar, Koo Thangal Village, Ellaigramam Post, Ulundurpet Taluk, Kallakurichi District.
(R4 Impleaded Vide Order Dt 04.04.2025 Made In Wmp.13578/2025 In Wp.10021/2025 by NAVJ) ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in his Check slip dated 26.02.2025 quash the same and consequently direct the 2nd respondent to register the sale deed filed by the petitioner with respect of the lands comprised
in survey No.229/25 with an extent of 0.030 ares and survey No.229/26 with an extent of 0.0505 ares situated at Ellaigramam, Elavanasur SRO, Kallakurichi District.
For Petitioner(s):
Mr.A.G.Rajan For Respondent(s):
Mr.M.Roshan Atiq Government Counsel for R1 & R2 Mr.B.Pachaiyappan Government Counsel for R3 Ms.R.Divya Preathika for R4
ORDER
This Writ Petition has been filed challenging the impugned refusal check slip issued by the 2nd respondent dated 26.02.2025 and direct the 2nd respondent to register the sale deed presented by the petitioner with respect of the lands comprised in survey No.229/25 with an extent of 0.030 ares and survey No.229/26 with an extent of 0.0505 ares situated at Ellaigramam, Elavanasur SRO, Kallakurichi District.
2. The learned counsel for the 4th respondent would submit that the property belongs to his grand father therefore, the 4th respondent made objections when the petitioner filed the sale deed for the purpose of registration in his favour and the same came to be rejected by the 2nd respondent citing reason that the 4th respondent made objections claiming that it is his grand father's property.
3. The learned counsel for the petitioner would submit that no legal heir certificate was produced by the 4th respondent to prove the same and he would submit that originally the property belongs to Kannu Konar and the said Kannu Konar settled the property vide settlement deed dated 10.07.2019 in favour of his son Balakrishnan. In turn, when the said Balakrishnan intend to execute a sale deed in favour of the petitioner, the same was rejected on the basis of the objection made by the 4th respondent, without even issuing notice to the 4th respondent. Hence the present writ petition is filed.
4. The 4th respondent filed a counter stating that the property belongs to the his grand father and the patta was wrongly issued to the petitioner's Vendor, Balakrishnan and the same was cancelled by DRO where, the Balakrishnan also appeared before the DRO and the DRO passed order cancelling patta by order dated 09.05.2024. It is stated that no challenge was made against the said order. Under these circumstances, the said Balakrishnan executed the sale deed in favour of the petitioner. Though the official respondents failed to conduct enquiry proceedings but, on the strength of the objections made by the 4th respondent, the respondents refused to receive the same, since there was a dispute on the title.
5. The learned counsel for the official respondents would submit that as early as on 09.05.2024 itself, the patta issued in favour of the petitioner's
vendor was cancelled, since the petitioner's vendor have no title. No appeal also filed as against the said order. Under these circumstances, the sale deed was presented by the said Balakrishnan to sell the properties in favour of the petitioner. Since there was clear dispute on the title and the patta was also cancelled and re-issued in favour of the 4th respondent, the respondents are not in a position to register the same.
6. Heard the learned counsel for the petitioner as well as the respondents and perused the material available on record.
7. While there was a dispute regarding the title, the petitioner claims his Vendor is having title over the property. It is seen that the patta was cancelled by the DRO where the petitioner's vendor has effectively participated and patta cancelled by virtue of the order dated 09.05.2024. Further, the said order was not challenged before any appellate authority. Therefore, the said order has attained finality. The Sub-Registrar refused to register the sale deed, by taking into consideration the order cancelling patta and re-issuance of patta in the name of the 4th respondent. However, he supposed to have granted opportunity of personal hearing to the parties before passing orders.
8. Such being the case, when the title itself is disputed and the revenue authorities passed order cancelling patta issued in favour of the petitioner's
vendor and re-issued the same in favour of the 4th respondent, now the right course available to the petitioner's vendor is to approach the civil court and establish his right over the property. Even in the present case, vendor is not before this Court, only the purchaser is before this Court. Therefore, the parties are directed to approach the civil court to agitate their rights and establish title, which cannot be decided by the Sub-Registrar. Such being the case, the SubRegistrar has rightly refused to register the sale deed and passed the impugned order, which need not be interfered with.
9. This writ petition is devoid of merits and the same is accordingly, dismissed. No costs.
12-06-2026 Index: Yes/No Speaking/Non-speaking order KKN
KRISHNAN RAMASAMY, J.
KKN To
1. The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai-600 028.
2. The Sub Registrar, Sub Registrar Office, Elavanasur, Ulundurpet Taluk, Kallakurichi District.
3. The Tahsildar, Ulundurpet Taluk Office, Kallakurichi District.
12-06-2026