Madras High Court
M/S.Caape Cod Fashions & vs The Inspector General Of Registration on 28 October, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
2025:MHC:2473
W.A.No.3218 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A.No.3218 of 2025
and
C.M.P.No.26278 of 2025
M/s.Caape Cod Fashions &
M/s.Sun Sai Creations,
Rep. by its Partner R.Palanisamy,
No.268, Avinasi Road,
Tiruppur. ...Appellant
Vs.
1.The Inspector General of Registration,
Santhome High Road, Chennai.
2.The District Registrar,
O/o. The District Registrar,
Neruperchial, Tiruppur District.
3.The Joint Sub Registrar,
Avinashi, Tiruppur District.
4.M/s.JLR Farms Private Limited,
Rep. by its Authorised Representative A.Prakash,
No.37, Chinnasamy Naidu Street, New Siddha Puidhur,
Coimbatore – 641 044.
...Respondents
1/5
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W.A.No.3218 of 2025
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PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order made in W.P.No.26851 of 2023 dated 02.07.2024 by
allowing this Writ Appeal.
For Appellant : Mr.K.V.Sanjeev Kumar
For Mr.A.B.Rajasekaran
For Respondents : Mr.U.Baranidharan,
Special Government Pleader for RR1 to RR3
*****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The writ order dated 02.07.2024 made in W.P.No.26851 of 2023 is
under challenge in the present intra-Court appeal.
2. The 4th respondent in the present appeal filed the Writ Petition
seeking a direction to the Joint Sub-Registrar, Avinashi, Tiruppur District to
release the registered sale deed dated 20.11.2018 bearing document number
15174/2018 to him within time bound manner by considering his
representation dated 05.03.2023.
3. The writ Court considered the issues and made a finding that when
the stamp duty has been paid and document has also been registered, the
registering Authorities cannot refuse to release the document merely based on
the allegation of non-payment of sale consideration. Whether it is a fraudulent
registration or not is to be enquired into by the competent Authority or the sale
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deed fraudulently registered is to be challenged before the appropriate forum.
The fact remains that the appellant is not a party in the writ proceedings nor in
the subject sale deed.
4. The contention of the appellant is that its employee misappropriated
the funds of the Company and invested the same by purchasing the property
and executed a sale deed.
5. In this regard an order of attachment has been passed and a criminal
case registered is also under investigation. That being the factum, the
appellant Company has to workout its remedy in the manner known to law.
However, the impugned writ order would not provide any cause for the
appellant to interfere with findings of the writ Court.
6. Thus the Writ Appeal fails and it is accordingly dismissed. No costs.
Consequently, the connected miscellaneous petition is also closed.
(S.M.S., J.) (M.S.Q., J.)
28.10.2025
dsa
Index :Yes/No
Neutral Citation :Yes/No
Speaking/Non-speaking order
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To
1.The Inspector General of Registration,
Santhome High Road, Chennai.
2.The District Registrar,
O/o. The District Registrar,
Neruperchial, Tiruppur District.
3.The Joint Sub Registrar,
Avinashi, Tiruppur District.
4.M/s.JLR Farms Private Limited,
Rep. by its Authorised Representative A.Prakash,
No.37, Chinnasamy Naidu Street, New Siddha Puidhur,
Coimbatore – 641 044.
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S.M.SUBRAMANIAM, J.
and
MOHAMMED SHAFFIQ, J.
dsa
28.10.2025
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