Jayagopi Ks v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY K.S.Jayagopi ... Petitioner Vs.

1. The Inspector General of Registration, Santhome Road, Chennai - 600 028.

2. The District Registrar, Madurai North Registration District, Registration Department, Madurai.

3. The Sub Registrar, O/o.Sub Registrar, Vilangudi Madurai District.

4. K.S.Jayasankar alias Jayasankaran

5. S.J.Pragadeesh.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to receive, admit and register the rectification deed in respect of the settlement deed bearing document No.4843 of 2004 dated

22.12.2004, originally registered on the file of the erstwhile Sub Registrar Office, Vilangudi, Madurai) in light of the Judgment and Decree dated 16.12.2022 passed in OS No.205 of 2015 by the learned Principal District Munsif, Madurai, without insisting upon the concurrence or physical presence of the 4th respondent, after collecting the requisite stamp duty and registration charges, by considering the petitioners representation dated 20.04.2025, within a time frame as may be fixed by this Honble Court, and thus render justice. For Petitioner : Mr.A.Kannan For R1 to R3 : M/s.P.Sudarkodi Nachiar Government Standing Counsel

ORDER

The present writ petition has been 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, directing the 3rd respondent to receive, admit and register the rectification deed in respect of the settlement deed bearing document No. 4843 of 2004 dated 22.12.2004, originally registered on the file of the erstwhile Sub Registrar Office, Vilangudi, Madurai) in light of the Judgment and Decree dated 16.12.2022 passed in OS No.205 of 2015 by the learned Principal District Munsif, Madurai, without insisting upon the concurrence or physical presence of the 4th respondent, after collecting the requisite stamp duty and registration charges, by considering the petitioners representation dated 20.04.2025, within a time frame as may be fixed by this Honble Court, and thus render justice."

2. This writ petition is disposed of at the admission stage without notice to the 4th and 5th respondents. It is made clear that this Court is not expressing any opinion on the merits of the issue.

3. Upon hearing the learned counsel appearing for the petitioner, the grievance projected is that, in O.S. No. 205 of 2015, the learned Principal District Munsif, Madurai, had granted a decree of mandatory injunction directing respondents 4 and 5 herein to execute a rectification deed in respect of the settlement deed in question.

4. In spite of the said decree, respondents 4 and 5 have not come forward to execute the rectification deed. Though they have filed an appeal in A.S. No. 13 of 2023, no interim order has been granted in the said appeal. Consequently, the petitioner is being prejudiced, and therefore has approached this Court by way of the present writ petition.

5. I have also heard the learned Government Standing Counsel appearing on behalf of respondents 1 to 3.

6. Even assuming that the grievance of the petitioner, as projected in the affidavit, is true and correct, it is for the petitioner to file an execution petition in O.S. No. 205 of 2015. If the judgment debtors fail to appear and execute the rectification deed, it is open to the Court to execute the same through its appropriate officer in order to give effect to the decree of mandatory injunction. That is the procedure through which the petitioner has to obtain the desired relief, and therefore the prayer sought for in the writ petition cannot be countenanced.

7. With the aforesaid liberty reserved to the petitioner to file an execution petition with reference to the decree passed in O.S. No. 205 of 2015, the writ petition stands disposed of. As and when such an execution petition is filed, the same shall be considered and disposed of as expeditiously as possible by the Trial Court. No costs. 18.06.2026 rgm

To

1. The Inspector General of Registration, Santhome Road, Chennai - 600 028.

2. The District Registrar, Madurai North Registration District, Registration Department, Madurai.

3. The Sub Registrar, O/o.Sub Registrar, Vilangudi Madurai District.

D.BHARATHA CHAKRAVARTHY , J.

rgm 18.06.2026