Mohamed Samsudeen v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Mohamed Samsudeen ... Petitioner Vs.

1.The District Registrar, Office of the District Registrar, Virudhunagar District.

2.The Sub-Registrar, Office of the Sub Registrar, Aruppukottai, Virudhunagar District.

3.R.Goghul ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus forbearing the second respondent from registering any document in respect of the land in S.No.80/6, Plot Nos.2 and 3 situated at Chinnapuliyampatti Village, Aruppukottai, Virudhunagar District having an extent of 500 sq.ft. and Survey Nos.3/5 and 5/1 situated at Periyapuliyampatti East Village, Aruppukottai, Virudhunagar District having an extent of 1874.25 sq.ft. pending disposal of the criminal cases preferred by the petitioner. Page No. 1 of 5

For Petitioner : M/s.M.Lavanya For R1 & R2 : Mr.A.Baskaran Additional Government Pleader

O R D E R

This Writ Petition is filed for a mandamus forbearing the second respondent from registering any document in respect of the lands in S.No. 80/6, Plot Nos.2 and 3, situated at Chinnapuliyampatti Village, Aruppukottai, Virudhunagar District, having an extent of 500 sq.ft. and Survey Nos.3/5 and 5/1, situated at Periyapuliyampatti East Village, Aruppukottai, Virudhunagar District, having an extent of 1874.25 sq.ft., pending disposal of the criminal cases preferred by the petitioner.

2. The case of the petitioner is that the third respondent, who is neither a Chartered Accountant nor an Advocate, floated a concern in the name and style of V.J. Tax Info and held himself out as if he is an expert in filing of returns, etc., and collected amounts from the petitioner and cheated him. A case in Crime No.168 of 2024 for the alleged offences under Sections 406, 420, 294(b), 506 Part I and 418 of the Indian Penal Code, 1860, has already been registered and after investigation, a referred charge sheet has been filed. The petitioner has already filed a protest Page No. 2 of 5

petition and is contesting the matter. While so, in order to escape from liability, the third respondent is now selling all the properties belonging to him and if the properties are alienated, the petitioner will be left high and dry even if he succeeds in the criminal case.

3. I have considered the submissions made by the learned counsel for the petitioner and heard the learned Additional Government Pleader appearing for the first and second respondents.

4. This Writ Petition is disposed of at the admission stage itself. This Court is not expressing any opinion with reference to the merits of the case of the petitioner. If the petitioner contends that any money has to be recovered from the third respondent, then the petitioner ought to file a civil suit and in the interregnum, seek attachment of the property of the third respondent. Even if it is the case of the petitioner that pursuant to the criminal case, some amount will be due to him, on that expectation, the registration itself cannot be stopped. It is also submitted that today morning, a document presented by the third respondent has already been registered. In reply thereto, the learned counsel for the petitioner submits that only with reference to some items the document has been registered Page No. 3 of 5

and that other properties are still available. In any event, when a document is presented, the jurisdiction of the second respondent is to conduct an enquiry on the objections and pass orders with reference thereto. Therefore, this Writ Petition is disposed of on the following directions: i. The liberty of the petitioner to approach the Civil Court or the appropriate Criminal Court to seek attachment of the property is kept open.

ii. The Sub-Registrar shall consider the objections of the petitioner, as and when any further document is presented for registration, by issuing notice to the petitioner and by enquiring the petitioner, the presenter, as well as the third respondent and shall take a decision on the objections in the manner known to law.

iii. No costs.

30.03.2026 JEN To 1.The District Registrar, Office of the District Registrar, Virudhunagar District.

2.The Sub-Registrar, Office of the Sub Registrar, Aruppukottai, Virudhunagar District.

Page No. 4 of 5

D.BHARATHA CHAKRAVARTHY , J.

JEN 30.03.2026 Page No. 5 of 5