Madras High Court
WA(MD)/1703/2026 of C.H.MOHAMMED KUNHI Vs THE DISTRICT COLLECTOR on 26 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
WA(MD) No. 1703 of 2026
CNR:{HCMD011530342026}
and
CMP(MD)No.14642 of 2026
C.H.Mohammed Kunhi
.. Appellant
Vs
1. The District Collector,
Virudhunagar District,
Virudhunagar.
2. The Superintendent of Police,
Virudhunagar District,
Virudhunagar.
3. The District Registrar,
District Registrar Office,
Virudhunagar,
Virudhunagar District.
4. The State of Tamilnadu Rep. By,
The Inspector of Police,
District Crime Branch,
Virudhunagar ,& District.
5. The Sub Registrar,
Sub Registrar Office,
Sattur,
Virudhunagar District.
6. Pon Sakthivel
7. A. P. Vishal
..Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent,against the order dated 08.10.2026 passed in W.P(MD)No.29132 of 2026, on the file of this Court.
For Appellant :
Mr.R.Murugappan
For Respondents :
Mr.S.I.Muthiah Additional
Government Pleader for R1, R3 & R5
Mr.J.Vishnu, Government Advocate
(Crl.Side) for R2 & R4
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
(Judgment of the Court was delivered by P.VELMURUGAN, J.) The present Writ Appeal is directed against the order dated 08.10.2026 passed by the learned Single Judge in W.P.(MD) No.29132 of 2026.
2. The appellant herein, who was the writ petitioner, filed the writ petition seeking issuance of a Writ of Mandamus, forbearing the 5th Respondent from registering the sale deed dated 20.09.2026 in respect of the appellant’s property comprised in Survey No.805, measuring 3.80.5 hectares, equivalent to 9 Acres and 40 Cents, situated at Inam Surangudi Village, Sattur Taluk, Virudhunagar District, by considering his objection petitions dated 30.09.2026 and 03.10.2026. The learned Single Judge, taking note of the appellant’s grievance regarding non-payment of the sale consideration by Respondents 6 and 7, dismissed the writ petition, holding that the appellant has to approach the competent Civil Court for recovery of the amount due. Aggrieved by the said order, the appellant has preferred the present Writ Appeal.
3. The learned counsel appearing for the appellant would submit that the learned Single Judge failed to appreciate the nature of the relief sought in the writ petition. It is further contended that the appellant’s grievance is not only confined to the recovery of the unpaid sale consideration, but also relates to the proposed registration and release of the sale deed despite the objections submitted before the registration authorities. The learned counsel would further submit that the sale deed has not been registered so far, no registration number has been assigned to the document, and the same remains pending with the registration authorities. Therefore, the learned counsel would pray that the impugned order be set aside and the Writ Appeal be allowed.
4. We have considered the submissions made by the learned counsel appearing for the appellant and perused the materials available on record.
5. It is not in dispute that the appellant executed a sale deed in favour of Respondents 6 and 7 and that the said document was presented for registration on 20.09.2026. Subsequently, the appellant submitted objections dated 30.09.2026 and 03.10.2026, requesting the registration authorities not to proceed with the registration and release of the document on the ground that the sale consideration had not been paid. The grievance of the appellant, therefore, essentially arises out of the alleged non-payment of the sale consideration pursuant to the sale transaction.
6. Admittedly, the appellant does not dispute the execution of the sale deed in favour of Respondents 6 and 7. The dispute raised by him is primarily with regard to the payment of the sale consideration. Such a dispute, by itself, cannot constitute a ground for the registering authority to refuse registration or withhold the document, in the absence of any statutory ground justifying such action. The question as to whether the sale consideration has been paid in full and whether any amount remains due to the appellant involves adjudication of the rights and liabilities of the parties to the transaction, which falls within the domain of the competent Civil Court. Merely because the sale deed is stated to be pending registration and has not yet been assigned a registration number, the appellant cannot seek to prevent its registration solely on the ground of non-payment of the sale consideration, particularly when the execution of the document is admitted. The appellant is, however, at liberty to institute appropriate civil proceedings for recovery of the amount allegedly due from the Respondents 6 and 7 and to work out his remedies in accordance with law.
7. In view of the foregoing discussion, we find no infirmity in the order passed by the learned Single Judge warranting interference by this Court in the present Writ Appeal.
8. Accordingly, the Writ Appeal is dismissed, granting liberty to the appellant to work out his remedies in the manner known to law. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (P.V.,J.) (K.K.R.K.,J.) 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No bala
To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Superintendent of Police, Virudhunagar District, Virudhunagar.
3. The District Registrar, District Registrar Office, Virudhunagar, Virudhunagar District.
4. The Inspector of Police, State of Tamilnadu District Crime Branch, Virudhunagar ,& District.
5. The Sub Registrar, Sub Registrar Office, Sattur, Virudhunagar District.
P.VELMURUGAN, J. AND K.K.RAMAKRISHNAN, J. bala WA(MD) No. 1703 of 2026 26-10-2026