SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(Mad) 72843

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice KRISHNAN RAMASAMY
S.GOPINATH – Appellant
Versus
THE DISTRICT REGISTRAR – Respondent



2025:MHC:2497 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.44219 of 2025 S.Gopinath .. Petitioner Vs.

1. The District Registrar, Office Of The District Registrar, Cuddalore District.

2.The Sub-Registrar, Office Of The Sub Registrar, Mangalampettai, Cuddalore District.

3.S.Mahalingam

4.S.Kalaimani

5.Suresh ...Respondents Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 and 2 to forthwith consider and pass appropriate orders on the petitioner’s representation dated 16.08.2025, seeking cancellation of the illegal registration of the General Power of Attorney dated 14.10.2025, registered as Document No.3957/2025 on the file of Sub Registrar, Mangalampettai executed in favour of the 5th respondent.

For Petitioner : Mr.D.Edwin Yovan Raj For Respondents : Mr.M.S.Arasakumar (R1 and R2)

Government Advocate ***

ORDER

Mr.M.S.Arasakumar, learned Government Advocate takes notice on behalf of the respondents 1 and 2. With the consent of both sides, the Writ Petition itself is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed directing the respondents 1 and 2 to forthwith consider and pass appropriate orders on the petitioner’s representation dated 16.08.2025, seeking cancellation of the illegal registration of the General Power of Attorney dated 14.10.2025, registered as Document No.3957/2025 on the file of Sub Registrar, executed in favour of the 5th respondent.

3. The facts giving rise to the writ petition, in a nutshell are as follows:

(i) The petitioner purchased two acres of land comprised in S.No.256/4, E.Sathanur Village, Ulundurpettai Taluk from the respondents 3 and 4 on 13.07.2015, through a registered Power of Attorney executed by them in favour of the petitioner in Document No.1659/2015, after paying the full sale consideration. Acting under the said Power of Attorney, the petitioner developed a residential layout named “Aswida Nagar”, developed road facilities and sold about 43 plots to several bona fide purchasers. The petitioner has also entered into various registered and unregistered agreement of sale with other prospective purchasers. While so, nearly after 10 years, the respondents 3 and 4 without any notice or jurisdiction, unilaterally executed a Deed of Cancellation on 10.12.2024 and the same was registered as Document No.3654/2024 on the file of the 2nd respondent. Challenging the aforesaid illegal cancellation of Power of Attorney, the petitioner filed O.S.No.69 of 2025 before the District Munsif Court, Ulundurpettai seeking declaration that the said cancellation deed is null and void and for a permanent injunction restraining the defendants from alienating or encumbering the property and the same is pending. During the pendency of the same, the respondents 3 and 4 once again attempted to execute another General Power of Attorney in favour of the 5th respondent in respect of very same property. The 2nd respondent initially refused to register the same, vide Refusal Check Slip dated 07.07.2025 citing the pendency of the civil proceedings.

(ii) Challenging the same, the respondents 3 and 4 filed Writ Petition before this Court and this Court vide order dated 14.08.2025 directed the 2nd respondent to consider the registration only after providing opportunity to both parties, including the petitioner. But the 2nd respondent proceeded to register the impugned Power of Attorney dated 14.10.2025, in favour of the 5th respondent. In this regard the petitioner submitted a representation on 16.08.2025 to the 1st respondent seeking cancellation of aforesaid illegal registration relating to the disputed property. As the same did not evoke response, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

3. The learned counsel appearing for the petitioner would submit that the 2nd respondent without provid

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top