Ayyadurai v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ayyadurai ... Petitioner -vs1.The District Registrar, Registration Department, Virudhunagar District, Virudhunagar.

2.The Joint II Sub-Registrar, Joint II Sub-Registrar Office, Virudhunagar Taluk and District.

3.Vellaisamy 4.Subramanian 5.Alagarsamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to conduct enquiry on the objections submitted by the respondents 3 to 5 as per the guidelines issued by the Inspector General of Registration, Chennai, vide Circular in Na.Ka.No. 39708/C1/2018 dated 04.10.2018 by considering the petitioner's representation dated 18.12.2025 in respect of the property situated in S.No.86/5,

Kadambankulam Village, Virudhunagar Taluk and District measuring an extent of 0.83.00 Hectares i.e. 2 acre and 5 cents.

For Petitioner : Mr.G.R.Satish For R1 and R2 : Mr.D.S.Nedunchezhian Government Advocate

ORDER

The writ petition has been filed seeking a direction to the second respondent to conduct an enquiry on the objection submitted by the respondents 3 to 5, in accordance with the guidelines issued by the Inspector General of Registration vide Circular dated 04.10.2018, by considering the petitioner's representation dated 18.12.2025 in respect of the property situated in Survey No. 86/5, Kadambankulam Village, Virudhunagar Taluk and District, measuring an extent of 0.83.00 hectares (2 acres and 5 cents), and to pass such further or other orders.

2. Upon hearing the learned counsel for the petitioner, it is seen that when the petitioner earlier presented the document for registration, objections were raised by the private respondents. Aggrieved by the non-registration of the

document, the petitioner approached this Court in W.P.(MD)No.27362 of 2023. By order dated 17.11.2023, this Court directed the second respondent to conduct an enquiry in terms of the Circular dated 04.10.2018 issued by the Inspector General of Registration and held that the document cannot be declined outright.

3. However, it is now submitted that even thereafter, the petitioner did not re-present the document for registration, as the purchaser was no longer interested in pursuing the transaction. In such circumstances, when the document has not been re-presented, the question of conducting an enquiry does not arise. As far as the Sub-Registrar is concerned, the enquiry is only with reference to a document presented for registration. When no document is pending for registration, there is no necessity to conduct an enquiry.

4. It is made clear that, as and when the petitioner presents any fresh document for registration in respect of the subject property, the second respondent shall follow the directions issued earlier, conduct an enquiry in accordance with the Circular dated 04.10.2018 issued by the Inspector General of Registration, and pass appropriate orders in accordance with law.

5. If the petitioner wants to clear any alleged cloud over the title, it is open to the petitioner to approach the competent civil court also. However, approaching the civil court is not mandatory for the purpose of presenting a subsequent document for registration.

6. The writ petition is disposed of accordingly. No costs. 02.03.2026 smn2 To:- 1.The District Registrar, Registration Department, Virudhunagar District, Virudhunagar.

2.The Joint II Sub-Registrar, Joint II Sub-Registrar Office, Virudhunagar Taluk and District.

D.BHARATHA CHAKRAVARTHY , J.

smn2 02.03.2026