W.P(MD)No.4649 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No.4649 of 2024 and W.M.P(MD)Nos.4484, 4485 & 10632 of 2024 R.Tamil Cheliyan ... Petitioner Vs 1.The Inspector General of Registration, O/o.The Inspector General of Registration, 100, Santhome Highways, Pattinapakkam, Chennai. 2.The District Registrar (Admin), O/o.The District Registrar, Karaikudi, Sivagangai District. 3.The Joint II Sub Registrar, O/o.The Joint II Sub Registrar, Karaikudi, Sivagangai District. 4.A.Selvamurugan 5.A.Chellammal (died) 6.A.Selvi 7.A.Selvamurugan (deleted) 8.A.Senthilnathan ... Respondents [R – 5 died and the legal heirs of the fifth respondent are already on record as respondents 4, 6 and 8 and R – 7 deleted are recorded vide order dated 22.01.2025] 1/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.4649 of 2024 PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the second respondent in his proceedings in Na.Ka.No.1080/A1/2020 dated 14.09.2020 and quash the same as illegal and consequently to direct the second respondent to remove the entry made in the encumbrance certificate qua the property situate at T.S.No.499/F, Ward No.2, Karaikudi, Sivagangai District in pursuance of the said order dated 14.09.2020 passed by the second respondent within the period stipulated by this Court. For Petitioner : Mr.M.Ajmal Khan Senior Counsel for M/s.Ajmal Associaties For Respondents : Mr.D.Sadiq Raja Additional Government Pleader ORDER This Writ Petition has been filed by the petitioner challenging the order passed by the second respondent dated 14.09.2020 thereby declaring the sale deeds which were registered in favour of the petitioner as void and thereby directing the third respondent to record the same. 2.The learned counsel appearing for the petitioner filed a memo dated 24.08.2024 stating that the fourth respondent and 2/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.4649 of 2024 the seventh respondent viz., A.Selvamurugan is the same person in the Writ Petition. Due to inadvertence the fourth respondent is mentioned twice as seventh respondent herein and prayed to delete the seventh respondent from the Writ Petition. Further, stated that during the pendency of the Writ Petition, fifth respondent viz., A.Chellammal died and the legal heirs of the fifth respondent are already on record as respondents 4, 6 and 8 and the same may be recorded and he has also filed a memo to that effect, dated 24.08.2024. 3.The said memo, dated 24.08.2024 is placed on record. Registry is directed to carry out necessary amendments in the cause-title. 4.The property comprised in T.S.No.499/P to an extent of 12,600 sq.feet situated at Plot No.6, Ward No.2, Karaikudi, Sivagangai District belonged to one Alagarsamy, who had purchased the same from one Subramanian by way of a registered sale deed dated 26.06.1985 vide Document No.1017 of 1985. His legal heirs namely respondents 4 to 8 had executed an agreement for sale on 25.11.1993 in favour of one V.Vijaya. Further, the said Alagarsamy 3/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.4649 of 2024 also had executed power of attorney in her favour registered vide Document No.229 of 1993 dated 10.11.1993. In turn, the said Vijaya had executed a power of attorney in favour of one S.Raman registered vide Document No.19 of 1995, dated 30.02.1995. In turn, the said power holder S.Raman had executed four sale deeds in favour of the petitioner on 23.02.2006, 24.02.2006, 27.02.2006 and 06.03.2006 registered vide Document Nos.899, 932, 968 and 1084 of 2006. While being so, on the complaint lodged by the respondents 4 to 6 herein, the second respondent conducted a detailed enquiry, after serving notice to the petitioner and other counter parties. After enquiry, the second respondent concluded that the sale deeds which were registered in favour of the petitioner as void and directed the third respondent to record the same. 5.The learned counsel appearing for the petitioner would submit that the legal heirs of the said Alagarasamy had executed an agreement for sale in favour of the said V.Vijaya, the power holder. Subsequently, the said Alagarsamy also had executed power of attorney in favour of the said Vijaya. In turn, the said Vijaya had executed power of attorney in favour of the said S.Raman. Therefore, the power of attorney as well as sale agreement were 4/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.4649 of 2024 executed after receipt of the entire sale consideration. The power of attorney was executed coupled with interest. Therefore, the said Vijaya has valid title over the property and rightly executed power of attorney in favour of S.Raman. In turn, the said S.Raman had executed a sale deed in favour of the petitioner. He further submitted that the complaint was lodged in the year 2020 whereas the sale deeds were executed in favour of the petitioner in the year 2006 itself. 6.On perusal of the agreement for sale dated 25.11.1993 in respect of the subject property would reveal that it is an unregistered one and also no witnesses signatures were found in the agreement for sale. Though the recital of the agreement says that the entire sale consideration was missed by the said Vijaya, there is no proof to show that the said Vijaya had paid the entire sale consideration in respect of the subject property. Further, on perusal of the power of attorney executed in favour of the said Vijaya also would reveal that there was no consideration passed in respect of the subject property. In fact, the recitals of the power of attorney reads as follows: 5/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.4649 of 2024 “Nkw;gb nrhj;ij nkhj;jkhfNth my;yJ rg;btp~d; nra;J jdpj;jdpahfNth gpwj;jpapy; fpiuak; nra;aTk;> njhif ngwTk;> mjw;Fj;Njitahd vf;upnkz;Lfs;> fpiuag;gj;jpuq;fs; vOjpf; nfhLf;fTk;> if gj;jpuq;fis up[p];j;u; nra;J juTk; Nkw;gb fpiuak; rk;ge;jg;gl;l ghuq;fspy; ifnaOj;Jr; nra;aTk;. kw;Wk; fpiuaj;ijg; G+u;j;jp nra;jp jUtJ rk;ge;jkha; Njitahd ahtw;Wf;fhupaq;fSk; nra;aTk;> ij nrhj;J rk;ge;jkhf rPu;jpUj;jg;gj;jpuq;fs; VJk; vOjpf; nfhLf;f Neu;e;jhy; vdf;fhf jhq;fNs Nkw;gb gj;jpuq;fs; vOjpf; nfhLf;fTk;> tuT nryTfSf;F fzf;F itj;jpUe;J jhf;fy; nra;aTk;.” 7.It clearly shows that no sale consideration was paid by the said Vijaya. The said agreement for sale is also not an authenticated one. It is liable to be proved only by let in evidence before the civil Court. That apart, the power holder Vijaya once again had executed another power of attorney in favour of one S.Raman on the strength of the power of attorney executed in her favour. The power holder cannot have any power to execute another power of attorney in favour of S.Raman. On perusal of the power of attorney executed in favour of the said Vijaya also would reveal that there is no clause for execution of another power of attorney to deal with the property by another power of attorney. Therefore, the 6/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.4649 of 2024 second power holder namely S.Raman has no power to sell the subject property. Therefore, the second respondent rightly allowed the complaint lodged by the respondents 4 to 6 and declared the sale deeds executed in favour of the petitioner as void. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent, dated 14.09.2020. Hence, this Writ Petition is devoid of merits and the same is liable to be dismissed. 8.Accordingly, this Writ Petition is dismissed. However, the petitioner is at liberty to approach the civil Court for appropriate relief, in the manner known to law. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 22.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 7/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.4649 of 2024 To 1.The Inspector General of Registration, O/o.The Inspector General of Registration, 100, Santhome Highways, Pattinapakkam, Chennai. 2.The District Registrar (Admin), O/o.The District Registrar, Karaikudi, Sivagangai District. 3.The Joint II Sub Registrar, O/o.The Joint II Sub Registrar, Karaikudi, Sivagangai District. 8/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.4649 of 2024 G.K.ILANTHIRAIYAN, J. ps Order made in W.P(MD)No.4649 of 2024 22.01.2025 9/9 https://www.mhc.tn.gov.in/judis