High Court · 2025

W.P.No.44290 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :21.11.2025CoramThe Honourable Mr.Justice Krishnan RamasamyW.P.No.44290 of 2025 D.Kanchanadevi ..Petitioner Vs.1. The Inspector General of Registration Registration Department, No.100, Santhome High Court, Chennai – 600 004.2. The Deputy Inspector General of Registration Chennai Zone, Nandanam, Chennai. 3. The Sub Registrar, Anna Nagar, Sub Registrar Office Nolambur, Chennai – 600 037. 4. M.Jayakumar ...RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the third respondent to register the sale deed dated 19.08.2025, presented by Mrs.Mallieswari, for the land comprised in New.S.No.2175/75 (Old S.No.1327) admeasuring to an extent of 2707 Sq.ft. situated at Old Door No.84, New Door No.80/10, Ramalingampuram, Konnur Highroad, Chennai. 1/8 https://www.mhc.tn.gov.in/judis W.P.No.44290 of 2025 For Petitioner : Mr.R.Shanmugasundaram Senior Counsel for Mr.D.Senthur Kugan For Respondents 1 to 3 : Mr.U.BaranidharanSpecial Government PleaderFor Respondent-4 : Notice served, no appearance Order The petitioner has filed this Writ Petition seeking for the following relief;- i) For issuance of a mandamus to the third respondent to register the sale deed dated 19.08.2025, presented by Mrs.Mallieswari, for the land comprised in New.S.No.2175/75 (Old S.No.1327) admeasuring to an extent of 2707 sq.ft. situated at Old Door No.84, New Door No.80/10, Ramalingampuram, Konnur Highroad, Chennai. 2. The learned counsel for the petitioner would submit that a Memorandum of Understanding (MOU) dated 15.03.2025 was entered into between the legal heirs of the deceased Mrs.Kannammal and the fourth respondent, whereby, the fourth respondent was paid with a sum of 2/8 https://www.mhc.tn.gov.in/judis W.P.No.44290 of 2025Rs.90,00,000/- towards settlement and it was also agreed that the fourth respondent would execute a deed in favour of any person, nominated by the legal heirs of the deceased Mrs.Kannammal; that pursuant to the said MOU, the legal heirs of the deceased Mrs.Kannammal had nominated the petitioner to act as Power Agent in respect of the subject property, and accordingly, the fourth respondent executed a registered Power of Attorney (POA) in favour of the petitioner dated 06.06.2025 vide Document No.2975 of 2025; that thereafter, the petitioner, being the Power Agent, intended to sell the subject property in favour of some other third party, viz., Mrs.Mallieswari, however, when the said Mallieswari presented the sale deed for registration, the third respondent refused to register the sale deed by citing the reason that the fourth respondent has filed a Protest Petition raising objection for registration of any document in respect of the property covered in the POA, hence, the present Writ Petition is filed seeking for aforesaid relief. 3. The learned Special Government Pleader for respondents 1 to 3 would submit that since the fourth respondent has filed a Protest Petition 3/8 https://www.mhc.tn.gov.in/judis W.P.No.44290 of 2025raising objection for registration of any document in respect of the property covered in the POA, the third respondent refused to register the sale deed. However, the learned Government Pleader fairly submitted that since said POA is in existence and has not yet been cancelled, if any order is passed by this Court with regard to registration of the sale deed dated 19.08.2025, the same would be complied with. 4. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for respondents 1 to 3 and perused the materials placed on record. So far as the fourth respondent is concerned, though the notice sent via. Court still awaits, he has been served with notice through privately, but, despite the same, he has not entered appearance either in person or represented by any other counsel. 5. It is an undisputed fact that a MOU was entered into between the legal heirs of the deceased Mrs.Kannammal and the fourth respondent on 15.03.2025. According to the petitioner, in terms of the said MOU, the fourth respondent was a settled with a sum of Rs.90,00,000/- and further, as 4/8 https://www.mhc.tn.gov.in/judis W.P.No.44290 of 2025per the said MOU, the fourth respondent has to execute a POA in favour of a person, nominated by the legal heirs of the deceasead Mrs.Kannammal. Therefore, as per the terms agreed between the parties in the said MOU, POA dated 06.06.2025 was executed by the fourth respondent in favour of the petitioner. Thereafter, the petitioner, being the Power Agent of the property, intended to sell the property in favour of one Mrs.Mallieswari, who evinced interest in purchasing the subject property. However, when both the petitioner and the said Mallieswari appeared before the Sub Registrar Office for registration of the sale deed dated 19.08.2025, the third respondent refused to register the same by citing the reason that the fourth respondent has filed a Protest Petition for registration of any sale/settlement/released deed in respect of the property covered in the POA. 6. However, this Court is not able to understand, as to how, the fourth respondent is entitled to raise such objection and seek for non-registration, inasmuch as, the POA executed by him in favour of the petitioner is in existence and has not been cancelled. In the event, if there is any dispute between the fourth respondent and the petitioner with regard to 5/8 https://www.mhc.tn.gov.in/judis W.P.No.44290 of 2025receipt of a consideration received in terms of the MOU, firstly, he has to to institute a suit for rendition of accounts or if it is his claim that POA was executed by fraud/coercion, he has to take steps for cancellation of the POA and in the abscene of any such actions being taken by the fourth respondent, he has no locus standi to raise such objection by way of filing Protest Petition 18.07.2025 and seek for non-registration of any document in respect of the subject property, without assigning any proper reason. 7. Thus, it is made clear that as longs as the power granted in favour of the petitioner via. POA dated 06.06.2025 is in existence, the fourth respondent cannot seek for non-registration of the document in respect of a subject property, unless and otherwise, the fourth respondent approached the Court of law to obtain stay, preventing any registration being carried out pursuant to such POA. 8. Therefore, I don't find that there would be any impediment for the third respondent to register the sale deed by the petitioner, as it is totally insignificant on his part to consider such objection raised by the fourth 6/8 https://www.mhc.tn.gov.in/judis W.P.No.44290 of 2025respondent in the form of Protest Petition. 9. Accordingly, this Court is inclined to issue the following direction:-i) The third respondent is directed to register the sale deed dated 19.08.2025 as and when the same is presented for registration forthwith without any further delay. 10. In fine, the Writ Petition is disposed of. No costs. 21.11.2025sdIndex : Yes/NoInternet : yes/noTo1. The Inspector General of Registration Registration Department, No.100, Santhome High Court, Chennai – 600 004.2. The Deputy Inspector General of Registration Chennai Zone, Nandanam, Chennai. 3. The Sub Registrar, Anna Nagar, Sub Registrar Office Nolambur, Chennai – 600 037. 7/8 https://www.mhc.tn.gov.in/judis W.P.No.44290 of 2025Krishnan Ramasamy,J.,sdW.P.No.44290 of 202521.11.20258/8