M.Haja Ziyavudeen v. The Sub Registar
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 01.09.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & WMP.Nos.35423 & 35424 of 2025 M.Haja Ziyavudeen Residing At Plot No 75, Palaniappa Nagar Iv Cross N.K. Road, Thanjavur 613 006 ... Petitioner Vs.
1. The Sub Registar Gandarvakottai Pudukottai District
2. The Deputy Superintendent Of Police Economic Offences Wing, Tiruvarur District ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned communication C. No 40/ DSP / EOW / TVR / Genl / 2023 dated 21.07.2025 issued by the 2nd respondnet , quash thee same as illegal, arbitrary, and without jurisdiction, and consequenlty direct the 1st respondent to accept, process and register any and all documents belonging to the petitioner for the properties mentioned therein vide S. 1/8
no 125/1, 125/2, 130/2A, 13/1E, 14/1A, 14/1B, 14/1C, 14/3 dated 13.12.2013 (Pesanathur village) 14/1C, 14/2 (Pesanathur Village) dated 30.12.2023 and 125/1, 125/2, 130/2A dated 9.5.2014 31/E, 14/1A and 14/1B situated in Pesanathur village Gandarvakottai Taluk, pudukottai Distrct For Petitioner : Mr.Sma Jinnah Form. Dinesh For Respondent : Mr.P.Harish, GA For R1 Mr.L.Baskaran, GA For R2
ORDER
This writ petition has been filed challenging the impugned communication dated 21.07.2025 issued by the 2nd respondent.
2. Mr.P.Harish, learned Government Advocate, takes notice on behalf of the 1st respondent and Mr.L.Baskaran, learned Government Advocate, takes notice on behalf of the 2nd respondent.
3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.
2/8
4. The learned counsel for the petitioner would submit that in this case, the petitioner and one Rani Rajoo were partners in the business of real estate, which was carried out in the name and style of "Sree Waree Promoters". They had jointly purchased various plots in the name of the said Partnership firm. The aforesaid Rani Rajoo's husband was running a business in the name and style of "TVR Benefit Fund". Under these circumstances, a criminal case was registered against Rajoo, who is the husband of petitioner's partner, based on the allegation that he had cheated his depositors. In the said criminal case, the name of the petitioner's partner-Rani Rajoo was also implicated as an accused. Subsequently, the partnership was formally dissolved vide deed dated 31.01.2021. The unsold plots of the firm were divided between the partners.
At this juncture, the petitioner and his partner had entered into a sale agreement dated 07.04.2025 to sell the said unsold plots. However, the 1st respondent had informed that no transaction could be permitted on the said properties based on the impugned refusal communication dated 21.07.2025 received from the 2nd respondent.
utilised from M/s.TVR Benefit Fund, against which the aforesaid criminal case is pending. However, the petitioner is no way connected with the said M/s.TVR Benefit Funds and the subject properties were purchased by him out of his own hard-earned money along with contributions from other investors. Hence, he requests this Court to quash the impugned communication dated 21.07.2025 issued by the 2nd respondent.
5. In reply, the learned Government Advocate appearing for the respondent would submit that in this case, the subject property was purchased by utilising the funds of M/s.TVR Benefit Fund, against which a criminal case is pending. He would also submit that one of the Partners of M/s.Sree Waree Promoters is attached with the aforesaid M/s.TVR Benefit Fund and the materials are also available to substantiate the allegation of 2nd respondent. Under these circumstances, without any other option, the properties were attached by the respondent. 4/8
6. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent and also perused the entire materials available on record.
7. In the case on hand, the petitioner and one Rani Rajoo, who were partners, had carried on the business of real estate in the name and style of "Sree Waree Promoters" and they jointly purchased various plots. The aforesaid Rani Rajoo's husband was running a business in the name and style of "TVR Benefit Fund", against which, a criminal case was registered on the allegation of cheating the depositors. In the said criminal case, the name of the petitioner's partner-Rani Rajoo was also implicated as an accused.
8. In view of the above, prima facie it appears that the petitioner's partner is connected with M/s.TVR Benefit Fund, which is now under the control of TNPID Court. According to the petitioner, the subject properties were purchased in the name of "Sree Waree Promoters" out of the petitioner's own hard-earned money along with contributions from 5/8
other investors. On the other hand, it was submitted by the respondent that they have lot of materials to show that the funds of M/s.TVR Benefit Funds were utilised for the purchase of subject properties, due to which, the impugned communication dated 21.07.2025 came to be issued by the 2nd respondent and based on the same, the 1st respondent had refused to register the sale deeds of the petitioner. In such view of the matter, this Court does not find any fault on the part of the 2nd respondent.
9. Further, this Court does not find any merits in this petition and hence, the present petition is liable to be dismissed. If there is any grievance, the petitioner shall agitate the same before the TNPID Court.
10. In the result, this writ petition is dismissed. No cost. Consequently, the connected miscellaneous petitions are also closed. 01.09.2025 Speaking/Non-speaking order Index : Yes / No nsa 6/8
To
1. The Sub Registar Gandarvakottai Pudukottai District
2. The Deputy Superintendent Of Police Economic Offences Wing, Tiruvarur District 7/8
KRISHNAN RAMASAMY.J., nsa & WMP.Nos.35423 & 35424 of 2025 01.09.2025 8/8