N.Santhanam v. The District Registrar,

eBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY N.Santhanam ... Petitioner Vs.

1. The District Registrar, O/o.District Registrar Office, Madurai.

2. The Sub Registrar, Thirumangalam Sub Registrar Office, Thirumangalam, Madurai District.

3. The Revenue Divisional Officer, Thirumangalam Division, Thirumangalam, Madurai District.

4. The Thasildar, Thirumangalam Taluk, Madurai District.

5. Jeyapaul

6. Gobi

7. Sabareesan ... Respondents Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus or any other order or direction in the nature of Writ, directing the Respondents 1 and 2 to record the proceedings of the 3rd Respondent in Mu.Mu.N. 4360/2025/A2 dated 17.12.2025 and also stipulate the documents

registered by the private respondents herein in Document Nos. 9215/2024 dated 23.11.2024, 8256/2025 dated 07.10.2025 and 8324/2025 dated 08.10.2025 in respect of the subject Punja lands in S.No.57/2 to the extent of 19.50 Ares (48 Cents) in Thirali BIT-1, Thirumangalam Taluk, Madurai District are Illegally registered documents, in the relevant books and in the Encumbrance registered documents, in the relevant books and in the Encumbrance Certificate and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner :Mr.R.Gowrishankar For R1 to R4 :Mr.P.Rajagopalan Government Standing Counsel

ORDER

The present writ petition is filed for the following relief:- "Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus or any other order or direction in the nature of Writ, directing the Respondents 1 and 2 to record the proceedings of the 3rd Respondent in Mu.Mu.N.4360/2025/A2 dated 17.12.2025 and also stipulate the documents registered by the private respondents herein in Document Nos.9215/2024 dated 23.11.2024, 8256/2025 dated 07.10.2025 and 8324/2025 dated 08.10.2025 in respect of the subject Punja lands in S.No.57/2 to the extent of 19.50 Ares (48 Cents) in Thirali BIT-1, Thirumangalam Taluk, Madurai District are Illegally registered documents, in the relevant books and in the Encumbrance registered documents, in the relevant books and in the

Encumbrance Certificate and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice."

2. Heard Mr.R.Gowrishankar, learned counsel appearing for the petitioner and Mr.P.Rajagopalan, learned Government Standing Counsel, who takes notice on behalf of the respondents 1 to 4.

3. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that the patta in respect of the land bearing S.No. 57/2, admeasuring an extent of 19.50 ares, originally stood in the name of the petitioner's father. Thereafter, the private respondents allegedly and fraudulently got the patta mutated in their name and on the strength of this fraudulent mutation, the aforesaid documents were executed. Upon realizing this, the petitioner duly made an application and the revenue authorities cancelled the mutation and restored the patta in the name of the petitioner's father. Since these documents were executed during the interregnum, the petitioner has filed the present petition seeking appropriate relief.

4. I have also heard the learned Government Standing Counsel appearing on behalf of respondents 1 to 4.

5. The writ petition is disposed of at the admission stage. This Court is not expressing any opinion on the truth or otherwise of the averments made in the affidavit filed in support of the writ petitioner.

6. Even assuming that the averments made by the petitioner are correct, when the patta was erroneously mutated in the name of the private respondents and documents were executed on the strength of that mutation, the Sub-Registrar has no power to cancel such documents or declare them illegal. If the documents were executed by third parties in good faith, as observed by the Hon'ble Supreme Court of India in K.Gopi vs. The Sub-Registrar and Ors. (Civil Appeal No.3954 of 2025), mere registration by itself does not vest a title which does not exist. The petitioner remains free to act and deal with the property. If the petitioner wishes to remove the cloud over the title, they may approach the competent Civil Court for appropriate relief against the said orders.

7. In view of the above, while keeping the petitioner's rights and remedies open, the prayer to either register or record the mutation of the patta or to declare the documents illegal, cannot be granted.

8. The writ petition stands disposed of with the aforesaid liberties. No costs.

08.06.2026 rgm To

1. The District Registrar, O/o.District Registrar Office, Madurai.

2. The Sub Registrar, Thirumangalam Sub Registrar Office, Thirumangalam, Madurai District.

3. The Revenue Divisional Officer, Thirumangalam Division, Thirumangalam, Madurai District.

D.BHARATHA CHAKRAVARTHY , J.

rgm 08.06.2026