Madras High Court
G.Palanidass vs The District Registrar on 28 February, 2025
W.P.(MD)Nos.5473, 5474 and 5475 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.02.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.(MD)Nos.5473, 5474 and 5475 of 2025
and W.M.P(MD).Nos.4000, 4001, 4003, 4004, 4012 and 4013 of 2025
W.P(MD).No.5473 of 2025
G.Palanidass ... Petitioner
vs.
1.The District Registrar,
O/o., The District Registrar,
Theni District.
2.The Sub Registrar,
O/o., The Sub Registrar,
Bodinayakkanur,
Theni District.
3.The Deputy Superintendent of Police,
Economic Offences Wing,
No.514, Ceylon Burma Colony,
Kanjirangal Village,
Sivagangai District 630 561.
4.The Inspector of Police,
DCB Police Station,
Sivagangai. ... Respondents
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W.P.(MD)Nos.5473, 5474 and 5475 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order of the second respondent in
refusal check slip refusal No.RFL/BOdinayakkanur/4/2025 dated
31.01.2025 and quash the same and subsequently directing the second
respondent to register the document presented by the petitioner dated
31.01.2025.
W.P(MD).No.5474 of 2025
P.Shanmuga Raja ... Petitioner
vs.
1.The District Registrar,
O/o., The District Registrar,
Theni District.
2.The Sub Registrar,
O/o., The Sub Registrar,
Bodinayakkanur,
Theni District.
3.The Deputy Superintendent of Police,
Economic Offences Wing,
No.514, Ceylon Burma Colony,
Kanjirangal Village,
Sivagangai District 630 561.
4.The Inspector of Police,
DCB Police Station,
Sivagangai. ... Respondents
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W.P.(MD)Nos.5473, 5474 and 5475 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order of the second respondent in
refusal check slip refusal No.RFL/Bodinayakkanur/5/2025 dated
31.01.2025 and quash the same and subsequently directing the second
respondent to register the document presented by the petitioner dated
31.01.2025.
W.P(MD).No.5475 of 2025
J.Young Mathew ... Petitioner
vs.
1.The District Registrar,
O/o., The District Registrar,
Theni District.
2.The Sub Registrar,
O/o., The Sub Registrar,
Bodinayakkanur,
Theni District.
3.The Deputy Superintendent of Police,
Economic Offences Wing,
No.514, Ceylon Burma Colony,
Kanjirangal Village,
Sivagangai District 630 561.
4.The Inspector of Police,
DCB Police Station,
Sivagangai. ... Respondents
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W.P.(MD)Nos.5473, 5474 and 5475 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order of the second respondent in
refusal check slip refusal No.RFL/Bodinayakkanur/3/2025 dated
31.01.2025 and quash the same and subsequently directing the second
respondent to register the document presented by the petitioner dated
31.01.2025.
In all petitions
For Petitioners : Mr.M.Sricharan Rangarajan
Senior Counsel for
Mr.S.Ramsundarvijayraj
For R1 & R2 : Mr.N.Ramesh Arumugam
Government Advocate
For R3 & R4 : Mr.M.Karunanithi
Government Advocate
COMMON ORDER
The three writ petitions relate to refusal check slips that have been
issued by the Sub-Registrar, Bodinayakkanur, Theni District, on
31.01.2025. The ground of refusal is that the police, namely, third and
fourth respondents in all the three writ petitions have given objections to
the Sub-Registrar not to register any document relating to the property
covered by the deeds.
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W.P.(MD)Nos.5473, 5474 and 5475 of 2025
2. The respondents 3 and 4 had given the objections on account of
the fact that the property had been owned by the Directors of Finance
Company under the name and style of 'New Raise Alayam Small Banking
Finance Private Limited', Sivagangai.
3. I heard Mr.M.Sricharan Rangarajan, learned Senior Counsel for
Mr.S.Ramsundarvijayraj for the petitioners, Mr.N.Ramesh Arumugam,
learned Government Advocate, who takes notice for the respondents 1
and 2 and Mr.M.Karunanithi, learned Government Advocate, who takes
notice for the respondents 3 and 4.
4. The position of law has been settled in a judgment of the
Hon'ble Mr.Justice.N.Anand Venkatesh in the case of R.Madhupriya
and another Vs., The Inspector General of Registration and others
2020 SCC Online MAD 20112. The learned Judge held that the police
do not have powers of attachment and that too, by way of letter. He
pointed out that the investigating officer should take steps to get the
property attached through a competent authority under the relevant
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W.P.(MD)Nos.5473, 5474 and 5475 of 2025
enactments. Despite the fact that this judgment has been applied
consistently by this Court, unfortunately, the police instead of moving the
competent authority under the relevant statutes, are continuing to issue
letters and thereby, preventing parties from registering documents.
5. As the position of law has been settled by Madhupriya's case, I
have no other option to interfere with the impugned refusal check slips.
Accordingly, the impugned orders are set aside. As held by Mr.Justice
N.Anand Venkatesh in Madhupriya's case, this order will not stand in
the way of respondent police to approach the competent authorities under
the appropriate legislations, for reliefs that they deem appropriate.
6. In view of the above, these Writ Petitions are allowed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
Index :Yes / No 28.02.2025
NCC :Yes / No
Rmk
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W.P.(MD)Nos.5473, 5474 and 5475 of 2025
To
1.The District Registrar,
O/o., The District Registrar,
Theni District.
2.The Sub Registrar,
O/o., The Sub Registrar,
Bodinayakkanur,
Theni District.
3.The Deputy Superintendent of Police,
Economic Offences Wing,
No.514, Ceylon Burma Colony,
Kanjirangal Village,
Sivagangai District 630 561.
4.The Inspector of Police,
DCB Police Station,
Sivagangai.
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W.P.(MD)Nos.5473, 5474 and 5475 of 2025
V. LAKSHMINARAYANAN, J.
Rmk
W.P.(MD)Nos.5473, 5474 and
5478 of 2025
28.02.2025
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