Vinay Kumar Jain v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Vinay Kumar Jain ... Petitioner(s) Vs.
1.The District Registrar, Coimbatore South, Cross Cut Road, Singapore Plaza 5th Street, Coimbatore.
2.The Sub-Registrar, South Coimbatore Joint-1, Sub Registration District, Raja Street, Coimbatore, Tamil Nadu - 641 001.
3.S.Rajendran (R3 Impleaded Vide Order dated 09.07.2025 made in W.M.P.No.24678 of 2025 in W.P.No.12428 of 2025 by this Court.) ... Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to release the pending document No. P/Coimbatore South Joint 1/100/2024 1/7
after allotting main Document Number to the Subject Sale Deed dated 13.12.2024.
For Petitioner(s) : Mr.R.T.L.Chandar For Respondent(s) : Mr.Abishek Murthy for R1 & R2 Government Advocate Party in person for R3
ORDER
The present writ petition is filed praying for a writ of mandamus to direct the 2nd respondent to release the pending document No. P/Coimbatore South Joint 1/100/2024 after registration of the Sale Deed dated 13.12.2024.
2. It is submitted by the learned counsel for the petitioner that the property comprised in Resurvey No.411/1A1, measuring an extent of 75.500 cents, situated at Telungupalayam Village, Coimbatore Taluk, South Coimbatore was owned by one S.C.Venkatesh. The said S.C.Venkatesh acquired the above said property by way of a sale deed registered as Doc.No.1284 of 2009 dated 20.04.2009. 2.1. It is submitted by the learned counsel for the petitioner that petitioner purchased the above said property from S.C.Venkatesh vide sale deed dated 13.12.2024 and the same was submitted for registration 2/7
and was kept pending vide pending Doc.No.P/Coimbatore South Joint 1/100/2024, before the 2nd respondent.
3. It is submitted by Mr.S.Rajendran/proposed respondent that he has right over the property comprised in Patta No.370, Town S.No.58/2, Survey Field No.411/1A2, situated at Telungupalayam Village and he has been in continuous possession and enjoyment of the said property. It is further submitted by Mr.S.Rajendran/proposed respondent that Doc.No.P/Coimbatore South Joint 1/100/2024 i.e., subject sale deed which is pending before 2nd respondent is based on the parent document No.1284 of 2009. The said document has been doctored to include his property by modifying/changing the property schedule. It is further submitted that under these circumstances, he filed a writ miscellaneous petition in W.M.P.No.24678 of 2025 praying to implead him as party respondent in this writ petition.
4. This Court finds that Mr.S.Rajendran is a necessary party to dispose of this writ petition. In view thereof, writ miscellaneous petition in W.M.P.No.24678 of 2025, is ordered and Mr.S.Rajendran is impleaded as 3rd respondent (party in person) in this writ petition. 3/7
5. It is submitted by Mr.S.Rajendran (3rd respondent) that he has certain objection for registration of Sale Deed dated 13.12.2024. He further submitted that earlier he filed a writ petition in W.P.No.4873 of 2025 for a direction to the second respondent not to register any documents presented by 7th and 8th respondents therein, in respect of subject property, wherein this Court held as follows: "5.In the light of the above development, if the petitioner has any grievance regarding two documents, which have already been registered as document Nos.382 and 383 of 2025, it is left open to the petitioner to independently challenge the same in the manner known to law. Insofar as the document, which is yet to be registered, the objection made by the petitioner shall be considered and the second respondent shall take a decision.
If the second respondent sustains the objections made by the petitioner, a refusal check slip can be issued. On the other hand, if the second respondent finds that the objection is not sustainable, it is left open to the second respondent to proceed further in accordance with law. Except giving this clarity, no further orders are required to be passed in this writ petition."
6. It is further submitted by 3rd respondent that 7th respondent in W.P.No.4873 of 2025 i.e., Mr.S.C.Venkatesh, has now executed a Sale Deed in favour of petitioner herein and on being presented for registration is kept pending. It is submitted that in terms of the above 4/7
order of this Court, objections submitted by Mr.Rajendran (3rd respondent herein) would be considered before proceeding with registration of Sale Deed. Further, 3rd respondent has submitted a protest letter before the respondents, thus, the same ought to be considered.
7. When this was pointed out, Learned Government Advocate for the respondents would submit that an enquiry would be conducted on the protest letter after issuing notice to the petitioner as well as 3rd respondent and all other interested parties and thereafter, on completion of enquiry, appropriate orders would be passed in accordance with law, which was agreed to by learned counsel for petitioner and 3rd respondent.
8. In view thereof, this writ petition stands disposed of with a direction to the respondents to conduct an enquiry on the protest letter filed by the 3rd respondent, after issuing notice to the petitioner, 3rd respondent and any other interested parties and thereafter proceed to register the petitioner's sale deed dated 13.12.2024, if it is otherwise in order. If for any reason, registration of Sale Deed is sought to be refused, 2nd respondent shall issue refusal slip/order assigning appropriate reasons. It is made clear that this Court has not expressed any views 5/7
with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
09.07.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam To:
1.The District Registrar, Coimbatore South, Cross Cut Road, Singapore Plaza 5th Street, Coimbatore.
2.The Sub-Registrar, South Coimbatore Joint-1, Sub Registration District, Raja Street, Coimbatore, Tamil Nadu - 641 001.
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MOHAMMED SHAFFIQ, J.
pam 09.07.2025 7/7