Madras High Court
WA(MD)/1722/2026 of The Deputy Inspector General Vs Mallika H Patel on 28 October 2026
WA(MD) No. 1722 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR. JUSTICE K.K. RAMAKRISHNAN
WA(MD) No. 1722 of 2026
CNR:{HCMD010134152026}
and
C.M.P(MD)No.14698 of 2026
1. The Deputy Inspector General of Registration, Trichy District
2. The Sub Registrar
Thiruverumbur Sub Registrar Office,
Trichy District
..Petitioner(s)
Vs
Mallika H Patel
Represented by her Power Agent Mohan N Patel, S/o.Narayan K Patel, No. 16,2nd Street, Lakshmipuram, Ariyamangalam, Trichy District.
..Respondent(s)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this memorandum of grounds of writ appeal against the the order passed by this Court dated 04-11-2025 made in W.P.
(MD).No.31159 of 2025.
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WA(MD) No. 1722 of 2026
For Petitioner(s)
:Mr.S.I.Muthiah
Additional Government Pleader
For Respondent(s)
:Mr.S.Saravana Kumar
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JUDGMENT
(Judgment of the Court was delivered by P.Velmurugan J.) Challenging the order passed by the learned Single Judge allowing the writ petition in W.P.(MD) No. 31159 of 2025, the respondents in the writ petition have preferred the present writ appeal.
2. Mr. S. Saravana Kumar, learned counsel, takes notice on behalf of the respondent.
3. With the consent of the learned counsel appearing for both parties, the writ appeal is taken up for final disposal at the admission stage itself.
4. The learned counsel appearing for the appellants submitted that the respondent herein filed W.P.(MD) No. 31159 of 2025, seeking a direction to the second appellant to register the pending document dated 12.05.2023, bearing pending document No. P/Thiruverambur/55/2023. __________
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WA(MD) No. 1722 of 2026 By order dated 04.11.2025, the learned Single Judge allowed the writ petition.
5. The learned counsel further submitted that the document in question relates to an ex parte decree passed in O.S. No. 370 of 2013. The alleged fraudulent sale deeds were cancelled by the District Registrar by order dated 20.05.2020, and the consequential proceedings were also considered by this Court in W.P.(MD) No. 5354 of 2022. It was further submitted that an application to set aside the ex parte decree is pending before the competent civil court.
6. According to the learned counsel, the respondent failed to disclose material facts, including the order dated 20.05.2020 passed by the District Registrar cancelling the underlying title deeds bearing Document Nos. 4118 of 2012, 4119 of 2012, 4771 of 2012, 4772 of 2012 and 853 of 2014, as well as the judgment dated 21.06.2023 passed by this Court in W.P.(MD) No. 5354 of 2022, which dealt with allegations of impersonation and forgery.
7. It was further submitted that the cancellation order has been challenged in O.S. No. 222 of 2021 and that an application to set aside __________
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WA(MD) No. 1722 of 2026 the ex parte decree passed in O.S. No. 370 of 2013 is also pending consideration. According to the appellants, the respondent failed to implead K. Natarajan and N. Hemalatha, whose interests and rights over the properties would allegedly be affected by the registration of the decree.
8. The learned counsel for the appellants also contended that a power agent cannot claim any right superior to that of the principal, particularly when the principal's underlying title deeds have been cancelled by the competent registration authority. In view of the alleged suppression of material facts, the pendency of civil proceedings and the serious allegations of fraud, the appellants contended that the respondent was not entitled to a writ of mandamus.
9. Per contra, the learned counsel appearing for the respondent submitted that the writ petition had been filed only for a direction to the second appellant to register the pending document dated 12.05.2023, bearing pending document No. P/Thiruverambur/55/2023. He further submitted that the learned Single Judge had rightly allowed the writ petition and that no interference with the order under appeal was warranted. Accordingly, he prayed for dismissal of the writ appeal. __________
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WA(MD) No. 1722 of 2026
10. We have heard the learned counsel appearing for both parties and perused the materials available on record.
11. The respondent herein presented the ex parte decree passed by the I Additional District Munsif Court, Tiruchirappalli, on 26.03.2014, for registration before the second appellant. The document was assigned pending document No. P/Thiruverambur/55/2023, dated 12.05.2023. However, the second appellant has neither registered the document nor refused to register it.
12. It is a settled principle that when a decree, whether contested or passed ex parte, is presented for registration before the competent registering authority, the authority is required to deal with the document in accordance with law. In the absence of any order setting aside the decree passed by the competent civil court, the mere fact that the decree is an ex parte decree would not, by itself, constitute a ground for refusing registration.
13. In the light of the above, we find no merit in the writ appeal warranting interference with the order passed by the learned Single Judge. __________
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WA(MD) No. 1722 of 2026
14. Accordingly, the writ appeal is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (P.V.,J.) (K.K.R.K.,J.) 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AM __________
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WA(MD) No. 1722 of 2026 __________
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WA(MD) No. 1722 of 2026 P.VELMURUGAN, J. AND K.K.RAMAKRISHNAN, J. AM WA(MD) No. 1722 of 2026 28-10-2026 __________
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