S.Francis @ Francis Arputham v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.09.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY S.Francis @ Francis Arputham ... Petitioner Vs.
1.The Inspector General of Registration, Department of Registration, Santhome, Chennai.
2.The District Collector, Office of District Collector, Villupuram.
3.The District Registrar, Office of District Registrar, Tindivanam, Villupuram.
4.The Sub-Registrar, Office of Sub-Registrar, Marakkanam, Villupuram.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd and 4th respondents forbear the further alienation of property situated in 1/6
S.Nos.259, 260, 261/1, 258/3, 269/4 and new Survey Nos.318/3, 313/1 and 333/10 and another property in Old Survey No.510/1 and New Survey No.690/5 vide doc.No.1871 of 1964 located at Vembamedu and Puthiranth Thootam of South-Marakkanam Village at by consider the petitioner's representation dated 18.06.2025. For Petitioner : Mr.V.Parthiban For Respondents 1, 3 & 4 : Mr.U.Baranidharan, Special Government Pleader For Respondent 2 : Mr.C.Jayaprakash, Government Advocate
ORDER
The relief sought for in this writ petition is to direct the respondents 3 & 4 to forbear the further alienation of property situated in S.Nos.259, 260, 261/1, 258/3, 269/4 and new Survey Nos.318/3, 313/1 and 333/10 and another property in Old Survey No.510/1 and New Survey No.690/5 vide doc.No.1871 of 1964 located at Vembamedu and Puthiranth Thootam of South-Marakkanam Village at by consider the petitioner's representation dated 18.06.2025. 2/6
2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice on behalf of the respondents 1, 3 & 4. Mr.C.Jayaprakash, learned Government Advocate takes notice on behalf of second respondent. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
3. Learned counsel for the petitioner submitted that the property comprised in old Survey Nos.259, 260, 261/1, 258/3, 269/4 and New Survey Nos.318/3, 313/1 and 333/10 to the extent of 9 acres and 54 cents and another property situated at Puthiranth Thottam in Old Survey No.510/1 and New Survey No.690/5 to the extent of 1 acre belongs to petitioner's maternal grand parents. After their demise all the paternal grand children viz., Francis Eessac, James, Michael, Sagayaraj, Arul Prakasam, Mariasusai, Christuraj and Lawrence executed a partition deed between them to grab the properties from the petitioner and all other maternal grandchildren. Therefore, the petitioner along with other maternal grandchildren made a representation dated 18.06.2025 to the respondent to forbear the paternal grandchildren from making further alienation of the above mentioned properties. However, till date the 3/6
respondents has not taken any action. Hence, the petitioner has come forward with the present writ petition.
4. Learned Special Government Pleader appearing for the respondents 1, 3 & 4 would submit that the petitioner has filed this writ petition to get a blanket order from this Court, completely restraining further alienation in the aforesaid properties. In the event any documents are filed, the respondents are bound to register the same. However, if any protest petition is filed before registering the document, opportunity of hearing will be provided to the person, who filed the protest petition. Therefore, he would submit that there is no merit in this writ petition.
5. In reply to the aforesaid submission, learned counsel for the petitioner would submit that already the petitioner has filed a protest petition in the form of representation dated 18.06.2025 before the respondents. Therefore, in the event any document is filed for registering the aforesaid properties, appropriate notice may be issued to the petitioner.
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6. Heard the learned counsel on either side and perused the materials available on record.
7. In view of the above facts and circumstances of the case, this Court directs the respondents to issue notice as well as opportunity of personal hearing to the petitioner, if anyone submits the documents for registering the aforesaid properties and thereafter, pass appropriate orders on merits and in accordance with law.
With the aforesaid direction, this writ petition is disposed of. No costs.
25.09.2025 Speaking/Non-speaking order Index : Yes / No vm KRISHNAN RAMASAMY.J., vm To 1.The Inspector General of Registration, 5/6
Department of Registration, Santhome, Chennai.
2.The District Collector, Office of District Collector, Villupuram.
3.The District Registrar, Office of District Registrar, Tindivanam, Villupuram.
4.The Sub-Registrar, Office of Sub-Registrar, Marakkanam, Villupuram.
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