Madras High Court
WA/2700/2024 of S.SIDDESHKUMAR Vs DEPUTY INSPECTOR GENERAL OF REGISTRATION on 15 September 2026
WA No. 2700 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WA No. 2700 of 2024
CNR:{HCMA011351852024}
and CMP No. 19631 of 2024
S.Siddeshkumar
S/o. M.V.Sellamuthu,
..Appellant
Vs
1. Deputy Inspector General Of Registration Integrated Building Complex, Kuamargiri Bypass Road, Near Udayapatty Power House, Ammapet, Salem-636 014.
2. District Registrar
Room No.313, Third Floor,
District Collector Office, Salem 636001.
3. Sub Registrar
No.17,9/19 Periya Mariamman Kovil Street, Tharamangalam, Salem 636502.
4. Ezhumalai
S/o.Late Chinnapayan,
..Respondents
Writ Appeal filed under Clause 15 of the Letters Patent Act, to set aside the order dated 20-02-2024 passed in WP.No.4183 of 2024.
For Appellant :
Mr.N.Jayakkumar
For Respondents :
Mr. K.Maheswaran
Additional Government Pleader [R1 to R3]
Mr.R.Natarajan
for Mr.V.V.Sairam [R4]
WA No. 2700 of 2024
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra-court appeal has been instituted challenging the Writ Court order dated 20.02.2024 passed in W.P.No.4183 of 2024.
2. The writ petitioner is the appellant. Writ of mandamus has been instituted directing the respondents 2 and 3 to delete the entry dated 21.09.2023, registered as document No.6632 of 2023 in Survey No.28/7, Book - I, on the file of Sub-Registrar, Tharamangalam, Karukkalvadi Village, Salem.
3. An ex-parte decree in a civil suit has been registered as document No.6632 of 2023 by the 3rd respondent. The learned counsel for the appellant would submit that it is an ex-parte decree and the entry was erroneously made by the Sub-Registrar. However, an application has been already been filed before the competent Civil Court to set aside the ex-parte decree. Such disputed issues of civil nature cannot be adjudicated in a writ proceedings by the High Court under Article 226 of the Constitution of India. Once the civil suit has been instituted and an ex-parte decree has been registered as document under the Registration Act, for cancellation or otherwise an aggrieved person has to initiate appropriate action in the manner known to law, filing a writ petition under these circumstances are not maintainable. That apart, an application to set
WA No. 2700 of 2024
aside the ex-parte decree has already been filed, it is for the appellant to expedite the hearing of the matter. Contrarily, he cannot file a writ petition in between to secure an interim order, which is not maintainable. Granting liberty to the appellant to work out his remedy in the manner known to law, this writ appeal stands dismissed. No costs. Connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mp To
1. Deputy Inspector General Of Registration Integrated Building Complex, Kuamargiri Bypass Road, Near Udayapatty Power House, Ammapet, Salem-636 014.
2. District Registrar Room No.313 Third Floor, District Collector Office, Salem 636001.
3. Sub Registrar No.17.9/19 Periya Mariamman Kovil Street, Tharamangalam, Salem 636502.
WA No. 2700 of 2024
S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. mp WA No. 2700 of 2024 06-10-2026