Madrasdated High Court · 2025

CMP No. 9374 of 2025CMP No. 9378 of 2025PRAYERTo grant leave to the petitioner to file present appeal before this Honble Court against the order passed in WP No. 22162 of 2024 dated 02.08.2024 and thus render justice.WA SR No. 19289 of 2025PRAYERCMP No. 9381 of 2025PRAYERTo grant leave to the petitioner to file present appeal before this Honble Court against the order passed in WP No. 22167 of 2024 dated 02.08.2024 and thus render justice.CMP No. 9374 of 2025For Appellant(s):Mr. K.Balaji, For The AppellantFor Respondent(s):Mr. S. Shrish For Mr.N.Manokaran For Rr1 To 5, Mr. P. Harish, Government Advocate For R6ORDER(Order of the Court was made by Dr.Anita Sumanth J.)The present Miscellaneous Petitions have been filed by a third party seeking leave to challenge order dated 02.08.2024 passed in W.P.Nos.22162, 22167 and 22169 of 2024. Those Writ Petitions have been filed by 5 Writ Petitioners, viz., D.Rajamani, C.Hemasundari Bakyavathi, C.Elangovan, C.Manimehalai, J.Samuel Ponnaiah. A sole respondent has been arrayed, being https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025The Sub Registrar, Sendamangalam SRO, Sendamangalam, Namakkal District. 2. The prayer in all the Writ Petitions relates to a challenge to refusal check slips in RFK/Sendamangalam/58/2024, RFL/Sendamangalam/60/2024 and RFL/Sendamangalam/59/2024, all dated 18.07.2024, issued by the respondent therein. A consequential prayer was also sought, to register the sale deeds dated 18.07.2024 relating to a property admeasuring 92 cents (40075sq.ft.,), 13½ cents and 1.20 acres comprised in S.F.No.17/1, Bommasamuthiram Village, Sendamangalam Taluk, Namakkal District.3. The Writ Petitions had been disposed on 02.08.2024 even prior to the filing of counter by the respondent and the learned Judge records at paragraph 3 of that order that the Writ Petitions were taken up for final disposal by consent of the parties. The learned Judge has allowed the Writ Petitions referring to a decree obtained in O.S.No.565 of 2000 on the file of Principal District Munsif, Namakkal dated 22.12.2000. That suit had been filed by P.Chinnathambi (first plaintiff), who was the husband and father of Writ Petitioners 1 to 4 and J.Samuvel Ponniah (5th Writ Petitioner), who was the second plaintiff.4. The prayer in that suit was for specific performance directing the https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025Salem District Tamil (Strict) Baptist Trust Society, represented by three of the members to execute a registered deed of conveyance free of all encumbrances in favour of those plaintiffs. The learned Judge notes that the suit had culminated into a decree and E.P.No.140 of 2001 had been ordered on 11.03.2002 for execution of the sale deed. 5. Premised on the fact that the proceedings had attained finality at that stage, the learned Judge notes that in those circumstances, the question of refusing to register the valid sale deed does not arise. Learned Judge refers in that context to a decision of the Division Bench of this Court in W.A.No.2174 of 2024 dated 22.07.2024, wherein reference has been made to judgments of the Supreme Court as well. 6. Thus, proceeding on the fundamental principle of law that the decree would bind the parties to it and no third party right could be affected by registration of the said decree, the learned Judge quashed the impugned refusal check slips and directed the Sub-Registrar, Sendamangalam, Namakkal District to register the sale deed presented for registration.7. The petitioner before us draws attention to the fact that, in fact, the https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025judgment and decree dated 22.12.2000 has not attained finality, in that, O.S.No. 127 of 2021 has been filed by the present petitioner before the District Munsif Court, Sendamangalam, wherein the Salem District Tamil (Strict) Baptist Trust Society/D1 and its members, D2 to D11 were arrayed as defendants. In fact, Chinnathambi/husband and father of Writ Petitioners 1 to 4, and the 5th Writ Petitioner, Samuel Ponniah are arrayed as D3 and D4 in that suit. 8. The relief sought in O.S.No.127 of 2021 reads as follows:'10) Mifahy; khz;g[kpF ePjpkd;wk; mth;fs; jat[bra;J.”(a) jhth brhj;J bghWj;J ehkf;fy; khtl;l chpikapay; ePjpkd;wj;jpy; O.S.No.565/2000-k; tHf;fpd; nghpy; 22/12/2000?k; njjpapy; tH';fg;gl;l jPh;g;g[ kw;Wk; jPh;g;ghiz bry;yhJ (Nullity) vd tpsk;g[if bra;Jk;.(b) mnj nghy; jhth brhj;J bghWj;J ehkf;fy; khtl;l chpikapay; ePjpkd;wj;jpy; REP.No.140/2001?d; nghpy; 11/03/2002?y; tH';fg;gl;l cj;jut[ bry;yhJ (Nullity) vd tpsk;g[if bra;Jk;.(c) jhth brhj;J bghWj;J 4 Kjy; 7 gpujpthjpfSf;fhf ePjpkd;wnk 3k; gpujpthjp bgahpy; 10/04/2002 njjpapy; fpiua Mtzk; Vw;gLj;jp mij nre;jk';fyk; rhh;gjpthsh; mYtyfj;jpy; 1846/2002 vz;zhf gjpt[ bra;ag;gl;Ls;s fpiua Mtzk; bry;yhJ (Nullity) vd tpsk;g[if bra;Jk;.(d) mnj nghy; nkw;go fpiu Mtzj;jpd; mog;gilapy; 3k; gpujpthjp 2k; gpujpthjp bgaUf;F 05/07/2013 njjpapy; fpiua Mtzk; Vw;gLj;jp mij nre;jk';fyk; rhh;gjpthsh; mYtyfj;jpy; nkw;go njjpapy; 2263/2013 vz;zhf gjpt[ bra;ag;gl;Ls;s https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025fpiua Mtzk; bry;yhJ (Nullity) vd tpsk;g[if bra;Jk;.(e) nre;jk';fyk; rhh;gjpthsh; mYtyfj;jpy; 10/04/2002 njjpapy; gjpt[bra;ag;gl;l fpiua Mtz vz;?1846/2002 kw;Wk; nkw;go rhh;gjpthsh; mYtyfj;jpy; 05.07.2013 njjpapy; gjpt[ bra;ag;gl;l fpiua Mtz vz;/2263/2013 Mfpa gjpt[ Mtz';fspd; mog;gilapy; 2. 3 gpujpthjpfs; vt;tpj ghuhjpdnkh. tpy;y';fnkh. Mtznkh Vw;gLj;jf;TlhJ vd nkw;goahh;fSf;F vjpuhf epue;ju jil cj;jut[ tH';fpa[k;.(f) tHf;F bryt[ bjhif thjpf;F gpujpthjpfshy; fpilf;f tHp tif bra;Jk;.(g) ,d;Dk; khz;g[kpF ePjpkd;wk; mth;fSf;F a[f;j;jkha; njhd;Wk; ,ju ghpfhu';fis thjpf;F tH';fpa[k; jPh;g;g[k;. jPh;ghiza[k; gpwg;gpf;f ntz;Lkha; thjp tzf;fkha; gpuhh;j;jpf;fpd;whh;/'9. In that suit, summons has, admittedly, been served upon the Writ Petitioners, despite which, admittedly, there is no disclosure of the Original Suit (O.S.No.127 of 2021) in the Writ affidavit. We are thus of the considered view that there has been rank suppression of material facts by the Writ Petitioners in obtaining order dated 02.08.2024, for which purpose, they are put to terms and shall pay a sum of Rs.25,000/- each to the High Court Legal Services Committee within a period of one week from date of receipt of a copy of this order.10. We are given to understand that Mr.C.Elangovan (3rd Writ Petitioner) suffers from a memory disorder. Though this position is put to us across the bar, https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025and no medical records have been produced, we accept the submission and exempt Mr.C.Elangovan from the terms as imposed above.11. For the aforesaid reasons, these Miscellaneous Petitions are allowed. Registry is directed to number the Writ Appeals, if they are otherwise in order, and list the same for admission. (ANITA SUMANTH J.)(N.SENTHILKUMAR J.)sl05-08-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025CMP No. 9374 of 2025To1.D.RajamaniW/o. Late Chinnathambi, No. 37, Meenakshi Nagar, Hasthampatti, Salem District.2.C.Hemasundari BakyavathiD/o. Late Chinnathambi, No. 14/19, Mahadevapuram St., No.2, Sekar Complex, Velur Road, Tiruchengode, Namakkal District.3.C.ElangovanS/o. Late Chinnathambi, No. 6/313-A, Sengadu, Powerkadu Post, Edapuli Nadu, Kolli Hills Taluk, Namakkal District.4.C.Manimehalai,D/o. Late Chinnathambai, No. 1, Meenakshi Nagar, TVS Colony, Hasthampatti, Salem District.5.J.Samuel PonnaiahS/o. Late Jermiah, No. 66, Ganesapuram 2nd Street, Namakkal, Namakkal District.6.The Sub RegistrarSendamangalam SRO, Sendamangalam, Namakkal District. https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025CMP No. 9378 of 2025To1.D.RajamaniW/o. Late Chinnathambi, No. 37, Meenakshi Nagar, Hasthampatti, Salem District.2.C.Hemasundari BakyavathiD/o. Late Chinnathambi, No. 14/19, Mahadevapuram St., No.2, Sekar Complex, Velur Road, Tiruchengode, Namakkal District.3.C.ElangovanS/o. Late Chinnathambi, No. 6/313-A, Sengadu, Powerkadu Post, Edapuli Nadu, Kolli Hills Taluk, Namakkal District.4.C.Manimehalai,D/o. Late Chinnathambai, No. 1, Meenakshi Nagar, TVS Colony, Hasthampatti, Salem District.5.J.Samuel PonnaiahS/o. Late Jermiah, No. 66, Ganesapuram 2nd Street, Namakkal, Namakkal District.6.The Sub RegistrarSendamangalam SRO, Sendamangalam, Namakkal District. https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025WA SR No. 19289 of 2025To1.D.RajamaniCMP No. 9381 of 2025To1.D.RajamaniW/o. Late Chinnathambi, No. 37, Meenakshi Nagar, Hasthampatti, Salem District.2.C.Hemasundari BakyavathiD/o. Late Chinnathambi, No. 14/19, Mahadevapuram St., No.2, Sekar Complex, Velur Road, Tiruchengode, Namakkal District.3.C.ElangovanS/o. Late Chinnathambi, No. 6/313-A, Sengadu, Powerkadu Post, Edapuli Nadu, Kolli Hills Taluk, Namakkal District.4.C.Manimehalai,D/o. Late Chinnathambai, No. 1, Meenakshi Nagar, TVS Colony, Hasthampatti, Salem District.5.J.Samuel PonnaiahS/o. Late Jermiah, No. 66, Ganesapuram 2nd Street, Namakkal, https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025Namakkal District.6.The Sub RegistrarSendamangalam SRO, Sendamangalam, Namakkal District.WA SR No. 19290 of 2025To1.D.RajamaniWA SR No. 19291 of 2025To1.D.Rajamani https://www.mhc.tn.gov.in/judis CMP No. 9374 of 2025Dr.ANITA SUMANTH J.ANDN.SENTHILKUMAR J.slCMP No. 9374 of 2025AND CMP NO. 9378 OF 2025,WA SR NO. 19289 OF 2025,CMP NO. 9381 OF 2025,WA SR NO. 19290 OF 2025,WA SR NO. 19291 OF 202505-08-2025