Madras High CourtWP/46889/2025disposed of

M/S. Arc Developers v. The Sub Registrar

2025-12-02Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY M/s. ARC Developers, Rep. by its Partner Mr. N.D.S. Akbar Ali, No. 78, Greams Road, Thousand Lights, Chennai 600 006.

..Petitioner Vs The Sub Registrar, Office of Adyar Sub Registrar, TNHB Complex, Thiruvanmiyur, Chennai 41.

..Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondent to refrain from entertaining any encumbrance related to the subject property based on the petitioner's objection petition dated 25.10.2025 and revised by the respondent on 27.10.2025.

For Petitioner:

Mr. J.Hariharan for M/s. Kv Law Firm For Respondents:

Mr.U.Baranidharan, SGP

ORDER

The petitioner is a developer. The petitioner entered into a joint development agreement dated 25.01.2021 with the land owners to develop the property owned by such land owners. According to the petitioner, a sum of about Rs.3,04,43,566/- was paid to the land owners. Subsequently, in view of a dispute arising between the petitioner and the land owners, it is stated that the powers of attorney executed in favour of the petitioner were cancelled in September 2025. According to the petitioner, the land owners may endeavour to convey the property to third parties. After submitting an objection petition in such regard, the present writ petition has been filed.

2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for the sole respondent. He submits that the petitioner has to work out his

remedies by approaching the jurisdictional District Court or the Arbitral Tribunal as per the contracts executed between the petitioner and the land owners.

3. On perusal of the affidavit, it is clear that the land owners have cancelled registered powers of attorney in favour of the petitioner, under cancellation deeds dated 25.09.2025, which were registered as document nos.3448 & 3449/2025. In view thereof, the petitioner's recourse would be to seek remedies before the jurisdictional civil Court or before the Arbitral Tribunal, if the joint development agreement dated 25.01.2021 and other contract documents between the petitioner and the land owners contain an arbitration clause. By leaving it open to the petitioner to resort to such remedies,

this writ petition is disposed of. There will be no order as to costs. 02-12-2025 Index : Yes/No Internet:Yes/No kj To The Sub Registrar, Office of Adyar Sub Registrar, TNHB Complex, Thiruvanmiyur, Chennai 41.

SENTHILKUMAR RAMAMOORTHY, J.

kj 02-12-2025