Mahendravarman Gn v. The Joint Sub Registrar No.Ii
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.06.2026
CORAM
THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.9593 of 2026 1.G.N.Mahendravarman 2.M.Lalitha ... Petitioner(s) - Vs. - 1.The Joint Sub Registrar No.II, Joint II Sub Registrar Office, Pattukottai, Thanjavur District.
... Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing respondent to return the unregistered Sale Deed in pending Document No.P/Sub Registrar Joint 2, Pattukottai/7/2024 along with the parent documents submitted for registration, in respect of the property in S.Nos.44/2, 44/3 and 44/5, Thalaiyari Street, Pattukottai Town, Thanjavur District, based on the representation filed by the petitioners dated 28.03.2026 within a time frame as fixed by this Court.
For Petitioner :Mr.B.Saravanan, Senior Advocate for M/s.Saravanan Associates For Respondent :Mr.R.Parthiban, Government Advocate
ORDER
This writ petition is filed for a mandamus directing the respondents to return the unregistered sale deed in pending document No.P/Sub Registrar Joint 2, Pattukottai/7/2024 along with the parent document submitted for registration.
2.Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that the petitioner sought to convey the aforesaid lands to the prospective purchasers. The sale transaction was to be completed before the Sub Registrar. However, when the document was presented for registration, on the objections given by the Economic Offences Wing, the registration process was not undertaken and the sale transaction also was not complete and the document was kept as pending document along with the original parent documents. Subsequently the purchaser died on 20.07.2025. Therefore, since the transaction itself is never took off, the petitioner now seeks for the original parent deed along with the unregistered deed returned to him.
3.The learned Government Pleader would submit that the transfer of title would normally take place upon the execution of the document and the
document is also presented for registration. It is only on the objection of the EOU, the same is kept pending.
4.I have considered the rival submissions made on either side and perused the material records of the case.
5.It is the stand of the Economic Offences Wing that the property should not be allowed to be transferred. Therefore, when the petitioner himself pleads that the sale transaction never happened and upon query made by this Court, the learned counsel submits that the legal heirs of the deceased purchaser would also confirm by filing the affidavit that the sale transaction was never complete the prayer of the petitioner can be aceeded to.
6.In view thereof, this writ petition is allowed on the following terms: (i)Along with the web copy of the order, without waiting for the certified copy of the order, it would be open for the petitioner to file the affidavit of the legal heirs of the proposed purchaser confirming that the sale transaction were to complete before the Sub Registrar and it was not completed and that they have no objection in returning the document back to the petitioner.
(ii)Upon filling of the affidavit and verification of the same, the unregistered sale deed along with the original parent deeds be returned. A copy thereof shall be retained and handed over to the Economic Offences Wing for their reference.
(iii)No costs. Consequently, connected miscellaneous petition is closed.
02.06.2026 NCC:Yes/No Ns To 1.The Joint Sub Registrar No.II, Joint II Sub Registrar Office, Pattukottai, Thanjavur District.
D.BHARATHA CHAKRAVARTHY, J.
Ns 02.06.2026