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
##PAGE1## ##PAGE2##
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
__________
Page2 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2026 04:00:17 pm )
##PAGE3##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.
__________
Page3 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2026 04:00:17 pm )
##PAGE4##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