Madras High Court
N.Mujibur Rakuman vs / on 2 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.31390 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.31390 of 2024
N.Mujibur Rakuman ... Petitioner
/Vs./
1. The Inspector General of Registration,
O/o.The Inspector General of Registration,
Door No.100, Santhome High Road,
Chennai - 600 028.
2. The Deputy Inspector General
of Registration,
O/o.The Deputy Inspector General of Registration,
Tirunelveli District.
3. The Sub-Registrar
O/o.The Sub-Registrar Officer, Joint No.II,
Thachai Mandala Aluvalagam,
Arasan Bakery Backside, Tirunelveli Junction,
Tirunelveli City.
4. M.Petchipandian ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 and 2, to consider
the petitioner's representation dated 09.11.2024 and to initiate
appropriate legal actions within a stipulated time that may be fixed by
this Court.
https://www.mhc.tn.gov.in/judis
1/6
W.P.(MD)No.31390 of 2024
For Petitioner : Mr.S.Manojkumar
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader for R1-3
ORDER
This writ petition has been filed for a direction, directing the
respondents 1 and 2, to consider the representation submitted by the
petitioner dated 09.11.2024, to initiate appropriate action as against the
third respondent alleging that the petitioner entered into an agreement for
sale in respect of the property comprised in Survey Nos.1161/18 and
381/3 situated at Naranamalpuram Village, Tirunelveli District with one
Kathija Beevi, Syed Mohammad, Ahammad Mydeen, Mariyambeevi,
Pathimuthu, Jeenath nisha and Kaja Maideen, who owned the subject
property. The said agreement was registered vide Document Nos.
960/2010 and 961/2010. While pending agreement, the owners of the
property had executed sale deed in favour of the fourth respondent.
Therefore, the petitioner submitted representation to take action as
against the third respondent, who is the registering authority, alleging
that when the agreement for sale pending in respect of the subject
https://www.mhc.tn.gov.in/judis
property, the owners of the property once again executed a sale deed in
favour of the fourth respondent.
2. It is settled law that the agreement whether registered or
un-registered cannot be an impediment for execution of sale deed in
respect of the subject property. That apart, the petitioner had entered
into an agreement for sale in the year 2010. Thereafter, the vendor's
brother, namely, Abubackar, filed a suit in O.S.No.18 of 2010 on the file
of the Principal Sub Court, Tirunelveli and the same was dismissed on
02.01.2012. Aggrieved by the same, he filed an appeal suit in A.S.No.41
of 2013 on the file of the Principal Sub Court, Tirunelveli and the same
was allowed by the judgment and decree dated 30.09.2013. Aggrieved by
the same, the petitioner and his family members filed second appeal in
S.A.(MD)No.423 of 2014 before this Court and the same is pending.
3. In the meanwhile, the petitioner's vendor had executed a sale
deed in favour of the fourth respondent vide document No.4095/2024
dated 21.10.2024. Therefore, the petitioner submitted representation, to
take action as against the third respondent.
https://www.mhc.tn.gov.in/judis
4. Heard the learned counsel appearing on either side and perused
the materials placed before this Court.
5. Admittedly, the petitioner did not file any suit for specific
performance sofar. Instead of filing a suit for specific performance, the
petitioner lodged a complaint before the third respondent alleging that
the petitioner's vendor had executed a sale deed in favour of the fourth
respondent, while pending agreement for sale. It is settled law that the
pendency of the agreement for sale is not an impediment for registering
the sale deed. Therefore, the representation submitted by the petitioner
cannot be considered, to take action as against the registering authority.
6. In view of the above, the writ petition is devoid of merits and
the same is liable to be dismissed. Accordingly, the writ petition stands
dismissed. No costs.
02.01.2025
Internet : Yes/No
NCC : Yes / No
LS
https://www.mhc.tn.gov.in/judis
TO:-
1. The Inspector General of Registration,
O/o.The Inspector General of Registration,
Door No.100, Santhome High Road,
Chennai - 600 028.
2. The Deputy Inspector General
of Registration,
O/o.The Deputy Inspector General of Registration,
Tirunelveli District.
3. The Sub-Registrar
O/o.The Sub-Registrar Officer, Joint No.II,
Thachai Mandala Aluvalagam,
Arasan Bakery Backside,
Tirunelveli Junction,
Tirunelveli City.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
LS
Order made in
Dated:
02.01.2025
https://www.mhc.tn.gov.in/judis
