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Madras High CourtWP(MD)/14373/2025disposed of

Balasai Kumar v. The Inspector General Of Registration

2025-06-26Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 14373 of 2025 and W.M.P(MD)No.10561 of 2025 Balasai Kumar ... Petitioner vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai.

2. The District Registrar (Admin), Dindigul District.

Dindigul.

3. The Sub Registrar O/o.Ayyampalayam Sub Registrar, Dindigul District.

4. Anburaj

5. Periya Pandian

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relate to order of the 3rd respondent, made in Na.Ka.No.114/2025, dated 15.05.2025 and quash the same as it is arbitrary and illegal and in consequence to direct him not to register any deed of conveyance presented by the respondents 4 and 5, relates to the land measuring 1 Acre 30 cents in S.No.1056/7 (now sub 1/5

division no.1056/7A1 and 7A2) in Sevugampatti, in Nilakottai Taluk, Dindigul District, on the basis of Patta no.5845 and 14755, in the light of the interim stay order dated 30.04.2025 made in W.M.P.(MD)No.9593 of 2025 in WP(MD)No. 13355 of 2025.

For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.S.Saji Bino, Special Government Pleader, for R-1 to 3 Mr.S.Muniyandi, for R-4 [No appearance]

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned order passed by the 3rd respondent, dated 15.05.2025 and consequently direct to register any deed of conveyance presented by the respondents 4 and 5 in the light of the interim stay order dated 30.04.2025 made in W.M.P.(MD)No.9593 of 2025 in WP(MD) No.13355 of 2025.

2. The petitioner has purchased the said land. Since a dispute has arisen, the petitioner has filed a suit in O.S. No.201 of 2011 on the file of the District Munsif Court, Nilakkottai, the same is pending. The Respondents 4 and 5 are parties to the said suit. In the impugned order, the 3rd respondent has directed the petitioner to submit the necessary documents along with a court order and to pay a fee of Rs.100/-. The respondent has further directed the petitioner to 2/5

produce a court order pertaining to the property. It is unnecessary to seek such a court order at this stage, as the suit is still pending.

3. The petitioner further states that patta proceedings were initiated, and patta was issued in favour of respondents 4 and 5. The petitioner had submitted objections to the revenue authorities against such issuance. However, without considering the said objections, patta was granted in the name of respondents 4 and 5. The petitioner challenged this in W.P.(MD) No.13355 of 2025, and by order dated 30.04.2025 in W.M.P.(MD) No.9593 of 2025, this Court granted an interim order. Therefore, any document presented by respondents 4 and 5 based on the said patta cannot be registered, as a stay is in force. Accordingly, the petitioner seeks a direction to consider his representation in light of the interim order dated 30.04.2025 passed in W.M.P.(MD) No.9593 of 2025.

4. Without expressing any opinion on the merits, this Court directs the 3rd respondent to conduct an enquiry after issuing notice to both the petitioner and respondents 4 and 5 and to pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. While considering the petitioner's representation, the 3rd respondent shall take into account the interim order passed by this Court in W.M.P.(MD) No.9593 of 2025, dated 30.04.2025. 3/5

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai.

2. The District Registrar (Admin), Dindigul District.

Dindigul.

3. The Sub Registrar O/o.Ayyampalayam Sub Registrar, Dindigul District.

4/5

S.SRIMATHY , J.

KSA ORDER MADE IN DATED :26.06.2025 5/5