High Court · 2025

WP No. 45863 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-11-2025CORAMTHE HONOURABLE MR JUSTICE KRISHNAN RAMASAMYWP No. 45863 of 20251. FRANSCISCAW/o. Innaiya Naidu, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College Road, Nungambakkam, Chennai-600 034, Through Its Director Mr. S.J. Alphonse Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 1302.Mr. P. BalasamyS/o. Innaiya Naidu, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College Road, Nungambakkam, Chennai-600 034, Through Its Director Mr. S.J. Alphonse Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 1303.Mr. P. ReymandS/o. Innaiya Naidu, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College https://www.mhc.tn.gov.in/judis WP No. 45863 of 2025Road, Nungambakkam, Chennai-600 034, Through Its Director Mr. S.J. Alphonse Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 1304.Mrs. P. TheresaD/o. Innaiya Naidu, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College Road, Nungambakkam, Chennai-600 034, Through Its Director Mr. S.J. Alphonse Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 1305.Mrs. Mary EmildaW/o. Late Mr. P. Ubakar Raj, S/o. Innaiya Naidu, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College Road, Nungambakkam, Chennai-600 034, Through Its Director Mr. S.J. Alphonse Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 1306.Mrs. RoshiniD/o.Mary Emilda, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College Road, Nungambakkam, Chennai-600 https://www.mhc.tn.gov.in/judis WP No. 45863 of 2025034, Through Its Director Mr. S.J. Alphonse Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 1307.Mr. RayappaS/o. Late Mr. Micheal Naidu, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College Road, Nungambakkam, Chennai-600 034, Through Its Director Mr. S.J. Alphonse Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 1308.Mr. DhanrajS/o. Late Mr. Micheal Naidu, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College Road, Nungambakkam, Chennai-600 034, Through Its Director Mr. S.J. Alphonse Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 1309.Mrs. MercyD/o. Late Mr. Micheal Naidu, Kilachery Village, Thiruvallur Taluk, Thiruvallur District. Represented By Their General Power Agent, M/s. Jay M Jay Trade Links Private Ltd., Having Registered Office, No.4, Gee Gee Minor, 23 College Road, Nungambakkam, Chennai-600 034, Through Its Director Mr. S.J. Alphonse https://www.mhc.tn.gov.in/judis WP No. 45863 of 2025Presently Functioning From Flat No.2304, Pinewood A Block, House Of Hiranandhini, Egattur, Chennai-600 130Petitioner(s)Vs1. The Sub RegistrarPerambakkam Sub-registrar S Office, Perambakkam, Thiruvallur District -631 402,2.Mrs. AlphonsaW/o. J. Alphonse, Christian New No.4 Old No.37, Club Road, Rio Lok Apartments, Chetpet, Chennai-600 031Respondent(s)PRAYERWrit Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the first respondent to consider the Sale Cancellation Deed dated 31.10.2025 submitted before the 1st Respondent on 03.11.2025 to cancel Sale Deed dated 03.06.2025 registered as Document No.2233/2025 at the office of the Sub-Registration District of Perambakkam, before the first defendant in respect of the interest of the petitioners Mr. A. Franscsica W/o. Innaiya Naidu, Mr. p. Balasamy S/o. Innaiya Naidu, Mr. P. Reymand S/o. Innaiya Naidu, Mr. P. Theresa D/o. Innaiya Naidu, Mrs. Mary Emilda W/o. Late P. Upakar Raj, S/o. Innaiya Naiu, Mr. Roshini D/o. Mary Emilda, Mr. Rayappa S/o. Late Micheal Naidu, Mr. Dhanraj S/o. Late Micheal Naidu, Mrs. Mercy D/o. Late Micheal Naidu, being the surviving legal heirs, number 1 to 9 and pass orders within a reasonable time fixed by this Honble CourtFor Petitioner(s):Mr.M.Ramamoorthy, for M/s. G.ViswanathanFor Respondent:Mr.U.Baranidharan, SGP for R1 https://www.mhc.tn.gov.in/judis WP No. 45863 of 2025ORDERThis writ petition has been filed to direct the 1st respondent to consider the sale cancellation deed dated 31.10.2025.2. Mr.U.Baranidharan, learned Special Government Pleader, takes notice on behalf of the 1st respondent.3. By consent of the parties, the main petition is taken up for disposal at the stage of admission itself.4. The learned counsel for the petitioner would submit that in this case, initially, the sale deed was executed by the General Power Agent of 12 principals, out of which, 3 principals had passed away. Now, the remaining 9 principals are intended to cancel the sale deed dated 03.06.2025. In this regard, they executed a sale cancellation deed dated 31.10.2025 and presented the same before the respondents for the purpose of registration. However, the respondents had refused to register the same by citing the reason that 3 principals, who gave power had died.5. Further, he would submit that after the demise of three principals, the petitioners made several attempts to implead their legal heirs. However, they were unable to trace out the legal heirs of the deceased principals and hence, the https://www.mhc.tn.gov.in/judis WP No. 45863 of 2025remaining 9 principals executed the cancellation deed. Therefore, he requests this Court to direct the 1st respondent to register the said cancellation deed in respect of the interest of remaining 9 principals, who are alive.6. In reply, the learned Special Government Pleader appearing for the 1st respondent would submit that if the cancellation deed is re-presented, the same will be considered by the respondents in accordance with law.7. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the 1st respondent and also perused the entire materials available on record.8. In the case on hand, initially, the sale deed dated 03.06.2025 was executed by the General Power Agent of 12 principals, out of which, three principals had passed away. Now, the remaining 9 principals are intended to cancel the sale deed dated 03.06.2025. In this regard, they executed a sale cancellation deed dated 31.10.2025 and presented the same before the respondents for the purpose of registration. However, the respondents had refused to register the same by citing the reason that 3 principals, who gave power had died. https://www.mhc.tn.gov.in/judis WP No. 45863 of 20259. As rightly contended by the petitioner, since the three principals had passed away, the respondent is supposed to have registered the cancellation sale deed in respect of the interest of remaining 9 principals, who are alive. However, without doing so, the respondents had refused to register the cancellation deed vide refusal check slip dated 03.11.2025, which is not proper. 10. In view of the above, this Court directs the petitioners to re-present the sale cancellation deed dated 31.10.2025 before the 1st respondent. In such case, the 1st respondent shall register the same, in respect of the interest of the petitioners, in accordance with law.11. With the above directions, this writ petition is disposed of. No cost. 28-11-2025nsaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 45863 of 2025To1.The Sub RegistrarPerambakkam Sub-registrar S Office, Perambakkam, Thiruvallur District -631 402,2.Mrs. AlphonsaW/o. J. Alphonse, Christian New No.4 Old No.37, Club Road, Rio Lok Apartments, Chetpet, Chennai-600 031 https://www.mhc.tn.gov.in/judis WP No. 45863 of 2025KRISHNAN RAMASAMY J.nsaWP No. 45863 of 202528-11-2025