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2026 Supreme(Online)(Mad) 71198

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice KRISHNAN RAMASAMY
G. Square Realtors (P) Ltd – Appellant
Versus
The Sub Registrar – Respondent



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WP No. 20044 of 2026

For Respondent(s): Mr.Dominic S.David,

Government's Counsel for R1

Mr.I.Inian for R2 & 3

ORDER

Challenge has been made against the refusal check slip dated 07.05.2026

issued by the first respondent.

2. Learned counsel for the petitioner would submit that the petitioner is a

real estate development company, who was appointed as the irrevocable Power

of Attorney holder by the respondents 2 and 3 vide Doc.No.10385 of 2022

dated 19.09.2022, after receiving the entire sale consideration of

Rs.3,66,40,000/-. The Power of Attorney specifically empowers the petitioner to

sell and register sale deeds in respect of 47 plots in the approved layout "Hill

View Phase-1" at Chinnavedampatti Village, Coimbatore. Pursuant to the said

Power of Attorney, the petitioner has sold and registered 44 plots. When the

petitioner presented a sale deed for Plot No.10 for registration, the first

respondent refused to register the same on the basis of a protest petition filed by

the second respondent. Pursuant to the order of this Court dated 28.11.2024 in

W.P.No.35960 of 2024, the said sale deed was registered. This being so, the

petitioner again presented a Sale Deed dated 23.08.2025 before the first

respondent, executed in respect of Plot No.5 which was also refused to be

registered. Challenging the same, the petitioner has again filed another Writ

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WP No. 20044 of 2026

Petition in W.P.No.33592 of 2025. Pursuant to the order of this Court dated

25.03.2026, the petitioner submitted a written explanation before the first

respondent to register the Sale Deed dated 09.04.2026 in respect of Plot No.5.

However, without considering the same, the first respondent passed an order

dated 07.05.2026 in Na.Ka.No.296/2026 holding that the present issue

concerning the respective rights and title of the Principal and the Agent can be

adjudicated and determined solely by a Competent Civil Court. Challenging the

said order, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner would submit that although the

principal/second respondent has objected to the registration of the sale deeds, it

is settled law that when a Power of Attorney is coupled with interest, it cannot

be revoked or disregarded without formal cancellation. Therefore, the first

respondent cannot refuse to register the documents presented by the petitioner.

4. Mr.Dominic S.David, learned Government's Counsel appearing for the

first respondent would submit that upon receipt of the objection from the

Principals, the first respondent passed the impugned order.

5. Heard the learned counsel on either side and perused the materials

available on record.

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WP No. 20044 of 2026

6. In the case on hand, the first respondent refused to register the

documents presented by the petitioner solely because the Principals had raised

an objection. However, regarding the objection raised by the Principals, the

property in dispute was sold to the petitioner by virtue of the execution of an

irrevocable Power of Attorney coupled with interest. Therefore, the question of

the Principals raising any objection does not arise, as the entire sale

consideration of Rs.3,66,40,000/- has already been received. Furthermore, the

petitioner has also paid the 7% stamp duty and 2% registration charges. Such

being the case, the impugned order passed by the first respondent is

unsustainable and the same is liable to be set aside.

7. Accordingly, the impugned order is hereby set aside. Consequently,

this Court directs the petitioner to re-present the sale deed dated 09.04.2026

before the first respondent. Upon such re-presentation, the first respondent is

directed to register the same forthwith.

With the aforesaid observation and direction, this writ petition stands

disposed of. No costs. Consequently, connected misce

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