Citation : 2026 Latest Caselaw 47 Mad
Judgement Date : 6 January, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2026
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.49014 of 2025
Kavitha Ravanan ... Petitioner
-vs-
1.The Additional Director General of Police,
Economic Offences Wing,
Guindy, Chennai 600 032.
2.The Deputy Superintendent of Police,
Economic Offences Wing,
Guindy, Chennai 600 032.
3.The Inspector General of Registration,
Santhome, Chennai 600 028.
4.The Sub Registrar,
Mylapore, Chennai 600 004. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, pleased to issue a Writ of Declaration, declaring the order of
attachment dated 14.07.2023 issued by the 2nd respondent and the
consequential endorsement of attachment made in the 4th respondent’s record
1/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 03:26:04 pm )
in respect of the petitioner’s property as illegal, arbitrary, ultravires and void
ab-initio and consequently direct the respondents to remove and cancel the
attachment entry subsisting in the 4th respondent’s records.
For Petitioner : Mr.D.Saikumarran
For Respondents : Mr.S.Sugendran,
1, 2 Additional Public Prosecutor
For Respondents : Mr.U.Baranidharan,
3, 4 Special Government Pleader
**********
ORDER
The petitioner asserts that she is the owner of the property in Survey
No.1648/31 at Mylapore having purchased the same in sale deed bearing
Document No.3069 of 1995. Upon noticing that the encumbrance certificate
contains an entry to the effect that the property stands attached under order
dated 14.07.2023, the present writ petition has been filed seeking a
declaration that such adjudication is illegal and void ab initio.
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2. Learned Additional Public Prosecutor accepts notice for the first
and second respondents. Learned Special Government Pleader accepts
notice for the third and fourth respondents. Learned Additional Public
Prosecutor submits that a communication dated 14.07.2023 under Section 91
of the Code of Criminal Procedure was issued to the Sub Registrar and that
the same has been reflected in the encumbrance certificate.
3. Learned Special Government Pleader referred to the judgment of
this Court in R.Madhupriya and another v. The Inspector General of
Registration and another 2020 SCC Online Madras 20112 (Madhupriya).
4. In Madhupriya, this Court referred to an earlier order dated
03.08.2020 in W.P.No.1680 of 2020. In the said order, this Court held that
registering authorities cannot refuse to register documents on the basis of
letters issued by the police unless an order of attachment is obtained from a
competent authority under the relevant enactment. At this juncture, it is
clear that there is no order of attachment. In view thereof, it is unnecessary
to issue the declaration that the petitioner prays for. By clarifying that this
order will not stand in the way of the first and second respondents obtaining
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 03:26:04 pm ) an order of attachment or the petitioner registering any conveyances relating
to the property unless an order of attachment is obtained in the mean time,
the writ petition stands disposed of. No costs.
06.01.2026 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
To
1.The Additional Director General of Police, Economic Offences Wing, Guindy, Chennai 600 032.
2.The Deputy Superintendent of Police, Economic Offences Wing, Guindy, Chennai 600 032.
3.The Inspector General of Registration, Santhome, Chennai 600 028.
4.The Sub Registrar, Mylapore, Chennai 600 004.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 03:26:04 pm ) SENTHILKUMAR RAMAMOORTHY,J
rna
06.01.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 03:26:04 pm )
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