Madras High CourtWP(MD)/13580/2026disposed of

T.S.Jalhama v. The Inspector General Of Registration

2026-06-19Honourable Mr Justice D.Bharatha Chakravarthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 19.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY T.S.Jalhama ... Petitioner(s) - Vs. - 1.The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai-600 028 2.The Joint Sub Registrar No.I, Palayamkottai, Tirunelveli District,

3. G. Abees

...Respondent(s)

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a WRIT of DECLARATION , declaring that the sale deed dated 08/06/1992 bearing Document No. 3301 of 1992 on the file of the Sub Registrar, Parasala executed by V.S. Deva Asirvatham in favour of Banu, the sale deed

dated 08/06/1992 bearing Document No. 3302 of 1992 on the file of the Sub Registrar, Parasala executed by V.S. Deva Asirvatham in favour of Ginnah and the settlement deeds dated 16/12/2010 bearing Document Nos. 6629 of 2010 and 6630 of 2010 on the file of the Joint Sub Registrar No. II, Palayamkottai executed by Banu and Ginnah in favour of the third respondent are null and void and would not confer any right, title or interest over the third respondent.

For Petitioner :Mr.J.Barathan For R1 & R2 :Mr.S.Vashik Ali Government Standing Counsel For R3 :No appearance

ORDER

This writ petition is filed with a prayer to declare the sale deed bearing document Nos.3301 of 1992, 3302 of 1992, 6229 of 2010 and 6330 of 2010 on the file of the Joint Sub-Register No.2, Palayamkottai, which is executed in favour of the third respondent as nall and voide. 2.The grievance of the petitioner is that when there was a civil dispute between the vendors of the third respondent and the petitioner, a suit was filed in OS No.39 of 1985 on the file of the Subordinate Court, Tirunelveli, for partition. Pending the partition suit, these alienations have taken place. The preliminary decree was passed in the suit on

30.11.1989 thereafter, the defendants in the suit also filed A.S.No.75 of 1990 which was also came to be dismissed on 28.10.1993. A final decree application was also filed in IA No.26 of 2004 in the suit, which was renumbered as O.S.No.3 of 2004 and the same was also allowed by an order dated 23.02.2016 granting 0.76 cents in Survey No.6/2 in favour of the petitioner. The further proceedings filed yet another third party namely Kattabomman Transport Corporation Limited, Cooperative Housing Society in A.S(MD)No.178 of 2017 was also withdrawn. 3.In view thereof, since these documents are pendente lite, the documents having no force or value the petitioner has come up with the said prayer.

4.I have also heard the learned Government Standing Counsel appearing on behalf of the respondents 1 and 2. Even though notice was served on the 3rd respondent, the third respondent did not choose to appear before this Court and oppose the writ petition. 5.I have considered the submissions made by the learned counsel

for the petitioner as well as the learned Government Standing Counsel appearing on behalf of the 1st and 2nd respondents. 6.Since the alienations were pendente lite, it will not have any effect on the title of the petitioner with reference to the property in question, however when the documents are already registered, the SubRegister or the Inspector General of registration has no power to set aside the same.

7.Suffice it the petitioner's grievance has already been partly rectified by the registration of the final decree as a document with reference to the said property, therefore the petitioner can no more have any grievance and any further document of any nature whatsoever presented by the petitioner shall be entertained by the respondents for registration and they cannot be returned or refused on the ground of these documents mentioned in the prayer above. 8.With the aforesaid observations, the writ petition stands

disposed of. No costs.

19.06.2026 NCC:Yes/No Ns To 1.The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai-600 028 2.The Joint Sub Registrar No.I, Palayamkottai, Tirunelveli District, D.BHARATHA CHAKRAVARTHY, J.

Ns 19.06.2026