P.Balakrishnan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Balakrishnan ... Petitioner Vs.

1.The District Registrar, Tirunelveli District, Tirunelveli.

2.The Sub Registrar, Sub Registrar Office, Moolakaraipatti, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent to consider the objection dated 28.10.2024 at the time when he receives any documents for registration in respect of the properties comprised in Survey No.863/1A1 situated at Moolakaraipatti Village, Part-1, Tirunelveli District, to an extent of 06.48 hectares, and Survey No.780/2 situated at A-Sathankulam Village, Tirunelveli District to an extent of 05.67 hectares.

For Petitioner : Mr.T.Leninkumar Page No. 1 of 5

For Respondents : M/s.K.Malathi Additional Government Pleader *****

O R D E R

This Writ Petition is filed for the issuance of a Writ of Mandamus directing the second respondent to consider the objection dated 28.10.2024 at the time of receiving any documents for registration in respect of the properties comprised in Survey No.863/1A1, situated at Moolakaraipatti Village, Part-1, Tirunelveli District, to an extent of 06.48 hectares and Survey No.780/2, situated at A-Sathankulam Village, Tirunelveli District, to an extent of 05.67 hectares.

2. Upon hearing the learned counsel for the petitioner and perusing the objection dated 28.10.2024, the grievance of the petitioner is that he is holding a power of attorney executed by his principal with reference to the aforesaid properties. The case of the petitioner is that the power is coupled with interest, that he has paid the entire sale consideration and that the same cannot be cancelled. It is further stated that since one of the brothers of the original principal is now attempting to sell the property, the petitioner has made the objection to the second respondent. Page No. 2 of 5

3. I have also heard the learned Additional Government Pleader appearing for the respondents.

4. When the claim of the petitioner is that he is only a power of attorney holder, the right created is only a personal right and not any proprietary right. Therefore, the Sub-Registrar cannot entertain any objection merely on the ground that the petitioner claims to have paid the entire sale consideration and that the power is coupled with interest. If the petitioner has a case for specific performance, he has to approach the competent civil court and as and when any interim order is granted in his favour, the same alone will be considered by the respondents.

5. With the aforesaid liberty kept open to the petitioner, this Writ Petition stands disposed of. No costs.

24.03.2026 JEN To 1.The District Registrar, Tirunelveli District, Tirunelveli.

Page No. 3 of 5

2.The Sub Registrar, Sub Registrar Office, Moolakaraipatti, Tirunelveli District.

Page No. 4 of 5

D.BHARATHA CHAKRAVARTHY , J.

JEN 24.03.2026 Page No. 5 of 5