D.Thangaraj Pandian v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Thangaraj Pandian .. Petitioner - Vs. - The Sub Registrar, Melaneelithanallur, Sankarankovil Taluk, Tirunelveli District.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Check Slip passed by the respondent in his proceedings in Na.Ka.No.13/2017, dated 24.01.2017 and quash the same and consequently directing the respondent to register the said document presented for registration by the petitioner within a time frame as fixed by this Court.

For Petitioner : Mr.B.Prahalad Ravi For Respondent : Mr.S.Vashik Ali Government Standing Counsel 1/6

ORDER

The writ petition is filed challenging the impugned refusal check slip.

2. When the petitioner presented a sale deed for registration, the same was refused by the impugned order on the ground that an order of interim injunction had been granted in Company Application Nos.2243-2245 of 2008, which is said to be pending on the file of this Court.

3. When the matter came up for hearing, the learned counsel for the petitioner, relying upon the order passed in W.P.(MD)No.20645 of 2015, would submit that this Court had granted liberty to the petitioner to approach the Company Division of this Court, and as and when any order is passed thereafter depending on the order, the registration can be completed and, in the meanwhile, directed the Sub Registrar not to return the document. Para 6 of the said order is extracted hereunder for ready reference:

"....6. Since an order of injunction had been granted by the Company Division of this Court, it would be only appropriate for the petitioner to approach the Company Court making his claim to the property and it is only the Company Division of this Court, which 2/6

can modify the said order, if the claim made by the petitioner is proved. Therefore, granting liberty to the petitioner to approach the Company Division of this Court seeking for appropriate relief, this Writ Petition is disposed of. The second respondent shall not return the document and await the decision of the Company Division of this Court. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed."

4. The learned Government Standing Counsel appearing on behalf of the respondent would submit that so long as there is an interim order in the Company Application, the registration cannot be done.

5. After considering the submissions made on either side and perusing the earlier order of this Court in W.P(MD)No.20645 of 2015, I am of the view that the same relief can be extended to the petitioner also. In view thereof, this Writ Petition is disposed of on the following terms: i. It will be open for the petitioner to approach the Company Court/The Commercial Division, where the matter is pending, and apply for modification of the interim order inasmuch as the petitioner is concerned;

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ii. As and when any order is passed in favour of the petitioner, the petitioner shall be entitled to represent the document for registration;

iii. Upon such representation, and if there is no other impediment, depending on the orders of the Company Court, the document can be registered.

iv. No costs.

16.06.2026 sji NCC: Yes/No To The Sub Registrar, Melaneelithanallur, Sankarankovil Taluk, Tirunelveli District.

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D.BHARATHA CHAKRAVARTHY, J.

sji 16.06.2026 5/6

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