M.Thammem Ansari v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2025
CORAM
THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY
1. M.Thammem Ansari 2.M.Mustafa 3.Shameem Petitioner(s) Vs
1. The Inspector General Of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028.
2.The District Registrar, District Registrar's Office, J.C.K.Nagar, Paranur, Chengalpattu, Tamilnadu -603 002 3.The Sub Registrar, No.35, Kammalar Street, Tirukalikundram, Tamilnadu-603 109.
Respondent(s) PRAYER: Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the 3rd respondent to forthwith release the petitioners' duly registered Sale deeds bearing pending Document Nos.P/Thirukalukundram/84/2025/P/Thirukalukundram /85/2025 and P/Thirukalukundram/86/2025 and to take appropriate action against the 3rd respondent for his failure to discharge his official duties and for unlawfully withholding the registered documents.
For Petitioner(s):
Mr.AGD Bala Kumar For Respondents:
Mr.U.Baranidharan Special Government Pleader
ORDER
This Writ Petition has been for issuance of writ of mandamus, directing the 3 rd respondent to forthwith release the petitioners' duly registered Sale deeds bearing pending Document Nos.P/Thirukalukundram/84/2025/, P/Thirukalukundram /85/2025 and P/Thirukalukundram/86/2025 and to take
appropriate action against the 3rd respondent for his failure to discharge his official duties and for unlawfully withholding the registered documents.
2. The learned counsel appearing for the petitioner submitted that in the present case, though the petitioners presented the sale deeds for registration on 29.07.2025 and the same is registered on 01.08.2025, till date, the 3 rd respondent has not released the same without assigning any reason and it is still at the pending number stage. Hence, the present writ petition is filed.
3. The learned Special Government Pleader appearing for the respondents would submit that in the present case, one Ganesan made an objection and there was a serious dispute altercations between the petitioner and the said Ganesan before the Sub-Registrar, therefore, the Sub-Registrar has not registered the same. In the meantime, the said Ganesan approached District Magistrate Court, Tirukalukundram and obtained a status-quo order in O.S.No.53 of 2025 on 14.08.2025 therefore, unless otherwise the said order is vacated, the respondents cannot release the sale deeds presented by the petitioner. The sellers have been
impleaded in O.S.No.53 of 2025. Once a right of the sellers to alienate the subject properties is decided by the District Magistrate Court, the respondents cannot register the same until the final order is passed.
4. I have considered the submissions made by the petitioner as well as the respondent and perused the material available on record.
5. This Court find some force in the submissions of the learned counsel appearing for the respondents. The petitioner is only a purchaser. In sofar as the sellers' right is concerned, the same is subject matter in O.S.No.53 of 2025 and there is a status-quo order. Therefore, as rightly contended by the respondent, unless otherwise the right of the sellers is decided in the suit finally and the status-quo order is vacated by the concerned civil court, the respondents will not register the sale deed.
6. It is stated that the petitioners are not even a party to the said suit. The petitioner need not be a party in the Civil Court, since they are formal party
without any right to claim the property. Unless otherwise the sellers right is decided by the Civil Court, the petitioners cannot claim any right over the property and the sale deed presented cannot be registered by the respondents. Hence, this Writ Petition is devoid of merits and the same is accordingly, dismissed. As the 3 rd was not able to register the sale deed due to the interim order in the suit, the Sub-Registrar may return the sale deed to the petitioner. No costs.
04-11-2025 kkn Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Inspector General Of Registration 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai-600 028 2.The District Registrar District Registrars Office, J.C.K.Nagar, Paranur, Chengalpattu, Tamilnadu -603 002 3.The Sub Registrar No.35, Kammalar Street, Tirukalikundram, Tamilnadu-603 109
KRISHNAN RAMASAMY J.
KKN
04-11-2025