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Madras High CourtWP(MD)/14710/2026disposed of

Sugumaran v. The Inspector General Of Registration

2026-06-04Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sugumaran ... Petitioner Vs 1.The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.

2.The District Registrar, Tenkasi Registration District, Tenkasi - 627 811.

3.The Sub-Registrar, Pavoorchatram Sub-Registrar Office, Tenkasi District.

4.The Special Tahsildar, Adi Dravidar Natham Department, Tenkasi District.

5.Subbulakshmi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to cancel the Document No.1723/2026 registered on 10.03.2026 at 1/5

the Pavoorchatram Sub-Registrars Office, which is registered in violation of the non-alienation condition in Government Patta No.7742 by considering the petitioner's representation dated 13.03.2026. For Petitioner : Mr.R.Maheswaran For Respondents : Mr.R.Parthiban Government Standing Counsel for R.1 to R.4

ORDER

This Writ Petition is filed directing the second and third respondents to cancel the document registered as Document No.1723 of 2026 on 10.03.2026. 2.The case of the petitioner is that the fifth respondent is his sister. The property in question was originally assigned to their father, late Arumugam, subject to a condition prohibiting alienation for a specified period. According to the petitioner, even before the expiry of the said period, the fifth respondent executed a settlement deed in favour of her son. Therefore, the said alienation is in violation of the assignment condition. Therefore, the petitioner has come before this Court.

3.The learned Government Standing Counsel would submit that the Sub Registrar has no jurisdiction to look into the violation of assignment condition and that the petitioner has alternative remedies available under law. 2/5

4.I have considered the rival submissions made on either side and perused the material records of the case.

5.The issue is no longer res integra. The Hon'ble Supreme Court of India in the decision reported in (2022) 8 SCC 210 (Asset Reconstruction Company (India) Limited vs S.P.Velayutham & Others), held that the Sub Registrar cannot consider anything which relates to the entitlement of the party. Secondly, it is also held by the Hon'ble Supreme Court of India in the decision reported in (2016) 10 SCC 767 (Satya Pal Anand v. State of Madhya Pradesh and Others) that there is no jurisdiction for the Sub Register to cancel the document which is already registered. Therefore, the prayer sought for by the petitioner cannot be entertained. The petitioner if aggrieved can approach the competent civil Court for redressal of his grievance.

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

04.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA 3/5

To 1.The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.

2.The District Registrar, Tenkasi Registration District, Tenkasi - 627 811.

3.The Sub-Registrar, Pavoorchatram Sub-Registrar Office, Tenkasi District.

4.The Special Tahsildar, Adi Dravidar Natham Department, Tenkasi District.

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D.BHARATHA CHAKRAVARTHY, J.

MGA 04.06.2026 5/5