Thomas v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2025
CORAM
THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY Thomas, S/o. Palraj, Door No.50, Kezhandai Street, Kuzhippanthandalam Colony, Thirukazhukundram, Chengalpet.
Petitioner(s) Vs 1.The Inspector General Of Registration, Santhome High Road, Chennai.
2.The District Registrar, Chengalpet District, Chengalpet.
3.The Sub-registrar, Thirukazhukundram, Chengalpet.
4.O.W.Doss S/o. Late Samuel, No.36, Post Office Street, Melaroshapuram, Chengalpet.
5.Vinoth Carter, S/o. O.W.Doss, No.B-3075 Part -II, TNUDP, 100 Feet Road, Thiruchurapalli -620 026.
6.Shoba Ester Merlin, D/o. O.W.Doss, No.2/2, Indira Colony, Konnaigudi, Janagamarajapuram, Thiruchurapalli-621 702.
7.Thangaraj, S/o. Andrew, No.110/3, Chinnaman Koil Street, Kuzhippanthandalam Village, Thirukazhukundram, Chengalpet.
Respondent(s) PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, directing the 1 st and 2 nd respondents to conduct a detailed enquiry after providing opportunity to the petitioner and shall cancel the sale deed executed by the Respondents 4 to 6 infavour of 7 th respondent registered as Document No.2189 of 2025 dated 29.03.2025 on the file of Sub-Registrar ,Thirukazhukundram. For Petitioner(s):
M/s.T.K.S.Gandhi For Respondent:
Mr.U.Baranidharan Special Government Pleader for R1 to R3
ORDER
This writ petition has been filed by the petitioner seeking to direct respondents 1 & 2 to conduct a detailed enquiry after providing opportunity to the petitioner and shall cancel the sale deed executed by the Respondents 4 to 6 infavour of 7 th respondent registered as Document No.2189 of 2025 dated 29.03.2025 on the file of Sub-Registrar ,Thirukazhukundram. 2.Mr.U.Baranidharan, learned Special Government Pleader, takes notice on behalf of the respondents 1 to 3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. 3.Learned counsel for the petitioner would submit that the respondents 4 to 6 are the owners of the subject property situated at Survey No.422/1Y, 422/1M, 422/1R in Kuzhippanthandalam Village, Thirukazhukundram Panchayat Union & Taluk, Chengalpet District. The petitioner's father entered into a sale agreement with the respondents 4 to 6 on 12.11.2010 to purchase the
property comprised in Survey No.422/1Y measuring 0.04 cents from the respondents 4 to 6. Subsequent to the said sale agreement, the petitioner constructed a house in the said property and he is in the possession of the property. Thereafter, the respondents 4 to 6 entered another sale agreement on 14.04.2022 with the petitioner's own brother's wife to sell the property in respect to Survey No.422/1M measuring 0.05 cents and both the Sale Agreements are un-registered agreements. Being entered into a sale agreements with the petitioner's family members, the respondents 4 to 6 have sold the said property to the 7 th respondent on 29.03.2025 and same was registered before the rd respondent, which is non-est in law. Hence, the present writ petition has been filed seeking to cancel the sale deed dated 29.03.2025 registered in favour of the th respondent.
4.Learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the present case is not maintainable. The petitioner's grievance has to agitated before the Civil Court since the said sale agreements are un-registered documents and the Official respondents herein have no power
to cancel the sale deed executed by the respondents 4 to 6 in favour of the 7 th respondent.
5.Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.
6.The grievance of the petitioner is that the respondents 4 to 6 sold the subject property to the 7 th respondent after entering into a sale agreement with the petitioner's father and his brother's wife to sell the subject property. However, the sales agreements said to have entered between the petitioner and the respondents 4 to 6 are not registered. When such being the case, first of all, the petitioner has to establish his rights in the subject property by approaching the Civil Court and only then the question of cancellation of sale deed executed in favour of 7 th respondent by the respondents 4 to 6 will come into picture. As rightly contended by the learned Special Government Pleader, the official respondents 1 to 3 have no power to cancel sale deed. Hence, this Court does
not find any merits in the present case.
7.In the result, this writ petition is dismissed. No costs. 30-10-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Inspector General Of Registration, Santhome High Road, Chennai, 2.The District Registrar, Chengalpet District, Chengalpet.
3.The Sub-registrar, Thirukazhukundram, Chengalpet.
KRISHNAN RAMASAMY J.
rst WP No.40856 of 2025 30-10-2025