Achyuth Tony Joseph v. The Inspector General Of Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.3489 and 3490 of 2024 Achyuth Tony Joseph ... Petitioner Vs
1. The Inspector General of Registrar, No.100, Santhome, Chennai..
2. The District Registrar,, Theni..
3. The Sub Registrar,, Bodinayakannur, Theni District..
4. K.K.Raju,
5. S.Krishnaveni,
6. T.Ramasethu,
7. M.Suryaselvan,
8. C.Sankar,
9. M.Murugesan,
10. S.Nehru, 1/5
11. L.Alageswari,
12. V.Ganesan,
13. K.Senthilkumar,
14. M.Vanaraj,
15. R.Revathi, ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, call for the records in Na.Ka.No.25/2024 dated 22.01.2024 and quash the same as it is illegal and in consequence to direct the 3rd respondent to conduct an enquiry with the petitioner objection/dispute petition dated 05.01.2024 and to pass an order,in the light of the circular issued by the 1st respondent in Na.Ka.No.39708/C1/2018, dt.04.10.2018. For Petitioner : Mr. R. Suriya Narayanan For Respondents : Mr. S. Saji Bino (R1 to R3) Special Government Pleader Mr. M.P. Senthil (R6)
ORDER
The present Writ Petition has been filed to quash the proceedings in Na.Ka.No.25/2024 dated 22.01.2024 and consequently, to direct the 3rd respondent to conduct an enquiry with the petitioner objection/dispute petition dated 05.01.2024 and to pass an order, in the light of the circular issued by the 1st respondent in Na.Ka.No.39708/C1/2018, dated 04.10.2018. 2/5
2.The petitioner is seeking to quash the impugned order and to direct to conduct an enquiry under 77-A of the Registration Act. The Section 77-A was struck down by the Honourable Division Bench of this Court. Therefore, the third respondent is not having any power to conduct enquiry. 3.In the present case, the petitioner' father, namely, P.A.Joseph, has filed a suit in O.S.No.52 of 2006 on the file of the learned Additional District Judge, Periyakulam and he has also filed an execution petition in E.P.No.18 of 2022 and the same is pending. In the meanwhile, the private respondents has preferred two appeals in A.S.No.265 and 279 of 2008 respectively before this Court. The appeal suit in A.S.No.279 of 2008 was dismissed as withdrawn on 30.04.2013 and A.S.No.265 of 2008 was dismissed for non prosecution, on 10.02.
2022 and they are trying to restore the appeal. In such circumstances, the petitioner has come forward with a plea to direct the respondents not to encumber the property. The official respondents cannot entertain the said objection petition, Since the matter is pending before the Court below. If the respondent herein is directed to consider the objection, then the respondent would be sitting as a civil court and determining the title dispute between the parties. Therefore, the present objection cannot be entertained.
execution application before the Execution Court for restraining the private respondents from encumbering the property, if so advised. 4.With the above observations, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, the connected writ miscellaneous petitions are closed.
25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg To
1. The Inspector General of Registrar, No.100, Santhome, Chennai..
2. The District Registrar,, Theni..
3. The Sub Registrar,, Bodinayakannur, Theni District..
4/5
S.SRIMATHY , J.
vsg ORDER MADE IN DATED :25.08.2025 5/5