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2026 Supreme(Online)(Mad) 26008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
Kavitha – Appellant
Versus
The District Registrar (Administration), Coimbatore District, Coimbatore – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.K.Nagendra Prasad
For the Respondents:Mr.S.Jayachandran Government Advocate for R1 & R2, Mr.G.Govarthanan for R3 to R6
Writ court refrains from deciding disputed facts pending civil suit resolution.
Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution of India to direct registration authorities to remove encumbrance entries concerning certain parties in respect of specific property. Essential facts include a prior sale agreement where advance was allegedly returned without executing sale deed, following the death of petitioner's husband. Court found a disputed question of fact regarding repayment of advance, with a pending civil recovery suit involving petitioner and legal heirs. Main issue framed as whether encumbrance entries should be removed absent resolution of payment dispute. Ratio decidendi holds that writ jurisdiction cannot resolve disputed questions of fact pending adjudication in civil court; such matters must await civil suit outcome before registration authorities act. Writ petition disposed of with observations, no costs.
| Table of Content |
|---|
| 1. mandamus sought to remove encumbrance post failed sale agreement. (Para 1 , 2) |
| 2. private respondents deny repayment, cite pending recovery suit. (Para 3) |
| 3. court notes factual dispute on advance payment in pending suit. (Para 5 , 6) |
| 4. writ disposed; civil court to resolve disputed facts. (Para 7 , 8) |
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondents 1 and 2 to consider the petitioner’s representation dated 24.04.2023 to remove the respondents name 3 to 6 entry made in encumbrance in Survey No. 12 / 6A1A1B having Patta No. 35, situated at Anamalai Hills, Valparai Taluk, Coimbatore District.
For Petitioner(s): Mr.K.Nagendra Prasad For Respondent(s): Mr.S.Jayachandran Government Advocate for R1 & R2 Mr.G.Govarthanan for R3 to R6
ORDER
This Writ Petition has been filed for a mandamus, directing the respondents 1 and 2 to consider the petitioner’s representation dated 24.04.2023 to remove the name of the respondents 3 to 6 in the entry made in encumbrance in Survey No. 12 / 6A1A1B having Patta No. 35, situated at Anamalai Hills, Valparai Taluk, Coimbatore District.
2. The learned counsel appearing for the petitioner would submit that though the petitioner initially entered into a sale agreement with the 3rd respondent, no sale deed was executed, since the 3rd respondent failed to come forward to pay the remaining amount. According to the petitioner, the advance amount already paid was returned and hence, he would submit that the entries made in the encumbrance required to be deleted. It is also stated that the petitioner’s husband passed away as early as on 21.08.2021 hence, the present writ petition is filed by the petitioner.
3. The learned counsel appearing for the private respondents would submit that whatever the advance amount received by the petitioner’s husband is not at all repaid and in this regard, a suit for recovery was filed in O.S.No.797 of 2023 before the Principal District Judge, Coimbatore where the petitioner as well as the two legal heirs also impleaded as defendants. Therefore, he would submit that unless otherwise the suit is decided, no order can be passed.
5. Heard the learned counsel appearing for the petitioner as well as the respondents and perused the material available on record.
6. In the present case, while the petitioner claim that her husband paid the advance amount received from the private respondents, the private respondents claim that no such amount was received and a civil suit is pending regarding recovery before the Principal District Judge, Coimbatore in O.S.No.797 of 2023 where the petitioner and other two legal heirs are also added as parties.
7. In such being the case, the disputed question of fact regarding the payment of advance amount is required to be decided in the civil suit. Unless otherwise the civil suit is disposed of, no further order can be passed in this writ petition.
8. This Writ Petition is disposed of with the above observations. No costs.
