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Madras High CourtWP/18387/2026dismissed

Kaliyaperumal v. The District Registrar

2026-06-02Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2026 Coram The Honourable Mr.Justice Krishnan Ramasamy Kaliyaperumal ..Petitioner Vs.

1 The District Registrar O/o.The District Registrar, Tiruvarur District.

2 THE DEPUTY INSPECTOR GENERAL OF REGISTRATION O/o.The Deputy Inspector General Of Registration Tiruvarur District.

3 The Inspector General Of Registration O/o.Head of Registration, Chennai -600028.

4 THE SUPERINTENDENT OF POLICE Tiruvarur District.

5 THE INSPECTOR OF POLICE Town Police Station Mannargudi.

...Respondents

Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents 1 and 2 to take the complaint on file based on the petitioner's representation dated 05.02.2026 and to conduct enquiry related to the originality of the laminated sale deed document No.3590/2015 dated 13.08.2015, SRO, Mannargudi in favour of Mr.G.Nandhakumar, mentioned in Certificate 1/7

issued by the Sub Registrar, Mannargudi along with Registered Sale Deed Document No.2032/2023 dated 18.04.2023 in favour of Mr.K.Mithunkumar by Sub Registrar, Mannargudi.

For Petitioner : Mr. N.Ramachandran For Respondents : Mr.Dominic S.David Government Counsel Order With consent, the main Writ Petition is taken up for disposal at the stage of admission itself.

2. This Writ Petition is filed seeking for following prayer:- i) For issuance of a writ of mandamus to direct the respondents 1 and 2 to take the complaint on file based on the petitioner's representation dated 05.02.2026 and to enquire into the originality of the produced laminated sale deed document No.3590/2015 dated 13.08.2015, SRO, Mannargudi in favour of Mr.G.Nandhakumar, mentioned in Certificate issued by the Sub Registrar, Mannargudi along with Registered Sale Deed Document No.2032/2023 dated 18.04.2023 in favour of Mr.K.Mithunkumar by Sub Registrar, Mannargudi.

3. Learned counsel for the petitioner would submit that the petitioner entered into a Sale Agreement with one Mr.G.Nandakumar vide Document dated 26.11.2015 on payment of 95% of the sale consideration and the 2/7

remaining amount was agreed to be paid on the date of registration; that when the original sale deed was available with the petitioner, the said G.Nandakumar had indulged in fraud by registering another sale deed as Document No.2032/2023 dated 18.04.2023 in favour of Mr.K.Mithunkumar in respect of the same property, without the petitioner's knowledge, thereby, depriving the rights of the petitioner. Hence, the present Writ Petition. It is further contended that the petitioner has also filed a suit for specific performance of the agreement of sale.

4. The learned Government Counsel who takes notice for the respondents 1 and 2 would submit that for the purpose of registration of the Document, parent documents is not required, and the Registering Authority shall proceed with the process of registration on verification of the genuineness of the documents presented for registration. Therefore, it is contended that in the present case, the Executant, who presented the document for registration is the original owner of the property and only after verification of Executant's right/title/interest over the property, the sale deed in question was registered, and if the petitioner seeks for cancellation of such document as null and void and claims to have absolute right over the subject 3/7

property, he has to establish the same before the Civil Court in the manner known to law. Thus, the learned Government Counsel contended that the Writ Petition is not maintainable and prays for dismissal of the same.

5. I have given due considerations to the submission made on either side.

6. In the present case, it appears that the petitioner has executed a Sale Agreement in favour of one Mr.G.Nandakumar on payment of 95% of sale consideration, which, according to the petitioner was registered vide Document No.5192/2015 on 26.11.2015, pursuant to which, the said G.Nandakumar handed over the original document of registered sale deed to the petitioner, which is very much available with the petitioner. According to the petitioner, when he was in abroad for job purpose, the said G.Nandakumar suppressed the fact of the sale agreement entered into between him and the petitioner and based on a forged document executed another sale deed in respect of the same property, in favour of a third party which was got registered as Document No.2032/2023 dated 18.04.2023 Therefore, the petitioner made a representation before the respondents to 4/7

conduct enquiry with regard to the originality of sale deed, viz., Document No.3590/2015 dated 13.08.2015, SRO, Mannargudi in favour of Mr.G.Nandhakumar, mentioned in Certificate issued by the Sub Registrar, Mannargudi along with Registered Sale Deed Document No.2032/2023 dated 18.04.2023 in favour of Mr.K.Mithunkumar by Sub Registrar, Mannargudi, which according to the petitioner is a forged document. 6.1 However, as rightly pointed out by the learned Government Counsel for the respondents, this Writ Petition is not maintainable and the correct course available to the petitioner is to approach the Civil Court to establish his rights and after such establishment of right over the property, the petitioner can seek for cancellation of the document registered in the year 2015 as and null void.

Since it is stated that the petitioner has already filed a suit for specific performance of the sale agreement, the petitioner can very well contest the said suit and once the suit got decreed in his favour, the petitioner is entitled to seek for cancellation of the sale deed entered into between him and the said K.Mithunkumar as null and void.

7. For the reasons stated herein above, this Writ Petition is not maintainable and dismissed in limine. No costs. 02.06.2026 sd Index : yes/no To 1 The District Registrar O/o.The District Registrar, Tiruvarur District.

2 THE DEPUTY INSPECTOR GENERAL OF REGISTRATION O/o.The Deputy Inspector General Of Registration Tiruvarur District.

3 The Inspector General Of Registration O/o.Head of Registration, Chennai -600028.

4 THE SUPERINTENDENT OF POLICE Tiruvarur District.

5 THE INSPECTOR OF POLICE Town Police Station Mannargudi.

6/7

Krishnan Ramasamy,J., sd 02.06.2026 7/7