S.Kumaraguru v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.09.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy and W.M.P.No.41194 of 2025 Mr.S.KUMARAGURU ..Petitioner Vs.
1 THE INSPECTOR GENERAL OF REGISTRATION DEPARTMENT OF REGISTRATION 100 SANTHOME ROAD CHENNAI-600 028.
2 THE SUB REGISTRAR SUB REGISTRAR OFFICE MANIKARAMPALAYAM GANAPATHY,COIMBATORE-641 006 3 GAJALAKSHMI.R 4 GOWRIMANI 5 KANAGAMANI 6 SASIKALA
...Respondents
Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent not to register any sale deed or any other document pertaining to the land situated at R.S.No.813/1, Vellanaipatti village, Ganapathy 1/7
Registration District by considering the petitioner's objection letter dated 16.09.2025.
For Petitioner : Mr.G.K.Muthukumar for Mr.S.Sidhartha Vishnu For Respondents 1 & 2 : Mr.P.Harish Government Advocate Order Heard Mr.G.K.Muthukumar, learned counsel appearing for the petitioner and Mr.P.Harish, learned Government Advocate, who takes notice on behalf of the respondents 1 and 2. Since the main Writ Petition is taken up for final disposal at the stage of admission itself and considering the nature of relief that is to be granted herein, notice to the respondents 3 to 6 is dispensed with.
2. This Writ Petition is filed seeking for the following prayer:- i) For issuance of a mandamus to the 2nd respondent not to register any sale deed or any other document pertaining to the land situated at R.S.No.813/1, Vellanaipatti village, Ganapathy Registration District by considering the petitioner's objection letter dated 16.09.2025. 2/7
3. Learned counsel for the petitioner would submit that the petitioner has filed a suit for specific performance of agreement of sale with regard to the title over the subject property and pending the suit, since the respondents 3 to 6 are attempting to alienate the property, petitioner has made a representation/objection dated 16.09.2025, requesting the respondents 1 and 2 not to register any sale deed pertaining to the subject property, however, as on date, the said representation has not evoked any response, which necessitated the petitioner to approach this Court by way of present Writ Petition seeking for aforesaid relief.
4. The learned counsel during the course of argument stated that though the petitioner has sought for a larger relief, the petitioner would be satisfied if the petitioner's objection letter dated 16.09.2025 is directed to be considered before any registration of sale deed or any other document pertaining to the subject property is done at the instance of the respondents 3 to 6.
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5. The learned Government Advocate for the respondents 1 and 2 fairly submitted that before registering any document with regard to the subject property at the instance of the respondents 3 to 6, petitioner's protest petition/objection letter dated 16.09.2025 would be registered and the petitioner would be put on notice and after conducting enquiry with regard to the original title/right/interest over the subject property, appropriate orders would be passed.
6. The petitioner, with an intention to purchase the subject property, entered into a sale agreement dated 15.05.2025 with the respondents 3 to 6 and also a paid a sum of Rs.5,00,000/- as advance towards the sale consideration. Though the petitioner is willing to perform his part of the contract by paying the balance sale consideration and have the sale deed registered in his favour, the respondents 3 to 6 have been evading the execution of the sale deed in favour of the petitioner. Hence, the petitioner filed a suit for specific performance of an agreement of sale, and during the pendency of the said suit, the petitioner came to know that the respondents 3 4/7
to 6 are attempting to alienate the subject property in favour of the third parties. Therefore, the petitioner made an objection for registration of the subject property by respondents 3 to 6 vide letter dated 16.09.2025. Since the said objection is still kept pending, the present Writ Petition is filed. 6.1 However, considering the fact that the petitioner has confined his relief and he would be satisfied if his objection letter dated 16.09.
2025 is directed to be considered by the respondents 1 and 2 before any registration is done at the instance of the respondents 3 to 6 in respect of the subject property and in view of the submission made by the learned Government Advocate for respondents 1 and 2 that in the event any document is presented at the instance of the respondents 3 to 6 with regard to the property covered in the said sale agreement, only after due notice to the petitioner and conducting an enquiry in regard to the petitioner's right over the subject property and based on objection letter of the petitioner dated 16.09.2025, appropriate decision would be taken, this Court is inclined to grant the relief, now sought for by the petitioner.
7. Accordingly, this Writ Petition is disposed of with a direction to the respondents 1 and 2 to consider the petitioner's objection/representation dated 16.09.2025 and serve notice of hearing to the petitioner and conduct an enquiry as regards right/title/interest over the subject property before registering any sale deed or any other documents presented by the respondents 3 to 6. No costs. Consequently, connected Miscellaneous Petition is closed.
25.09.2025 sd Index : yes/no To 1 THE INSPECTOR GENERAL OF REGISTRATION DEPARTMENT OF REGISTRATION 100 SANTHOME ROAD CHENNAI-600 028.
2 THE SUB REGISTRAR SUB REGISTRAR OFFICE MANIKARAMPALAYAM GANAPATHY,COIMBATORE-641 006 6/7
Krishnan Ramasamy,J., sd 25.09.2025 7/7