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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.SATHYA NARAYANA PRASAD
K. Kathirvel – Appellant
Versus
Deputy Superintendent of Police, Namakkal – Respondent
| Table of Content |
|---|
| 1. ownership and possession of the properties. (Para 2) |
| 2. legal arguments against the impugned order. (Para 3 , 4 , 5) |
| 3. court observations on the police power over registration. (Para 6) |
| 4. quashing the impugned order based on legal principles. (Para 7) |
| 5. writ petition allowed with directions. (Para 8) |
ORDER :
1. This Writ Petition has been filed seeking for issuance of a certiorari, to call for the records relating to the impugned order made in C.No.154/DSP/EOWII/NKL/2018 dated 22.10.2018 passed by the first respondent and quash the same.
2. The brief facts of this case are as follows:-
2.1. According to the petitioner, the properties measuring to an extent of 19.57 Acres were owned by one Late V.P. Pakchi Raja by virtue of the Sale Deeds dated 30.08.2010 (Doc.No.4612/2020), 25.10.2010 (Doc.No.4613/2010), 13.01.2011 (Doc.No.121/2011), 13.01.2011 (Doc.No.125/2011), 20.01.2011 (Doc.No.176/2011), 01.08.2011 (Doc.No.3113/2011) and 23.02.2011 (Doc.No.862/2011). He sold the entire properties to the petitioners vendors namely S.Balakrishnan and G.Rajarathinam under two Sale Deeds dated 23.04.2012 (Doc.Nos.1772 and 1773 of 2012).
2.2. The petitioners came to know the above prop
Police cannot arbitrarily prohibit property registrations without prior legal authority or court orders, as per Article 14 of the Constitution.
Police lack authority to prevent registration of documents; they must seek court orders for property attachment.
A document's registration cannot be refused based solely on objections from investigation authorities without a court attachment order.
A police officer cannot prevent the registration of property transactions without a competent court's order, as such actions violate constitutional protections against arbitrary deprivation of proper....
Mere pendency of civil suit does not bar document registration absent injunction; orders must be speaking and follow natural justice.
Mere pendency of civil suit without injunction does not bar property document registration; refusal order must be speaking and follow natural justice.
The police cannot prevent the registration of documents; such power lies with the civil court.
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