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Madras High CourtWP(MD)/31859/2025allowed

Deepak v. The Inspector General Of Registration

2026-06-09Honourable Mr Justice D.Bharatha Chakravarthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.25058 of 2025 1.Deepak 2.S.Lakshmi 3.S.Rajasekar ... Petitioner(s) - Vs. - 1.The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600028.

2.The Sub Registrar, Kathakinaru, Madurai District.

3.M.Mahendran 4.M.Hittesh ... Respondent(s) Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED

MANDAMUS or any other appropriate WRIT or ORDER or DIRECTION in the nature of WRIT calling for records pertaining the impugned enquiry notices dated 15/10/2025 in Na. Ka. No. 124/2025-1 and dated 28/10/2025 in Na. Ka. No. 124 / 2025-2 passed by the second respondent and quash the same and consequentially directing Second respondent to release the registered sale deed dated 09/10/2025 executed by the petitioners 2 and 3 in favour of the first petitioner. For Petitioner :Mr.J.Barathan For R1 and R2 :M/s.P.Sudarkodi Nachiar Government Standing Counsel For R3 & R4 :Mr.C.Ajayhose for M/s.Subash Law Associates

ORDER

This writ petition is filed challenging the impugned enquiry notices dated 15/10/2025 and 28.10.2025.

2.The case of the petitioner is that the property in question originally belonged to one Ramani, wife of Sekar. After the death of Ramani on 20.04.1998, her husband being the sole surviving legal heir, inherited the property. The said Sekar, thereafter married one Lakshmi, the second petitioner herein and thereafter the third petitioner viz., Rajasekhar was also born out of the wedlock. After the death of the said Sekar on 24.08.2002, the second and third petitioners inherited the

property and based on the same, they are now executing a sale deed in favour of the first petitioner. When the same was presented for registration, the same was accepted and according to the petitioner, the process of registration itself is over. But however, at that juncture, when the private respondents submitted objections, the document is being withheld in the guise of enquiry. Therefore challenging the very enquiry notices, the petitioner is before this Court. 3.Per Contra, the learned Government Standing Counsel would submit that it is true that the document was presented for registration, but however, since there were objections with that were on file, the document was kept as pending document in P29/2026 and when enquiry notices are issued, the petitioner did not appear for the enquiry and therefore, the matter is pending.

4.The learned counsel appearing on behalf of the three and four respondents would submit that the property was bequeathed to him through an unregistered Will and therefore they have submitted the objections.

5.The learned counsel for the petitioner would submit that the Sub-Registrar has no jurisdiction to go into the question of title and the document ought to have been registered.

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

7.In this case, when the petitioner has duly presented the document and the registration process was on, there is an objection that is presented by the respondents 3 and 4. It is but natural that the second respond has to conduct an enquiry and duly with the objections, in the manner known to law and pass final orders.

8.In view thereof, without expressing any opinion, let the petitioner as well as the respondents 3 and 4 appear before the SubRegistrar on 17.06.2026 or any such date subsequently intimated by the Sub-Registrar. Let the Sub-Registrar complete the enquiry on the objections and orders in accordance with law shall be passed. The aforesaid excise shall be completed within a period of three weeks from

17.06.2026.

9.With the above observation, this Writ Petition stands disposed of. No costs. Consequentially, connected miscellaneous petition is closed.

09.06.2026 NCC:Yes/No To 1.The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600028.

2.The Sub Registrar, Kathakinaru, Madurai District.

D.BHARATHA CHAKRAVARTHY, J.

Ns and W.M.P(MD)No.25058 of 2025 09.06.2026