KUPPAN vs P. SUBRAMANI

2026:MHC:4414
WA No. 3665 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WA No. 3665 of 2024
CNR: {HCMA012321932024}
Kuppan
..Appellant(s)
Vs
1. P. Subramani
2. The District Registrar
Ranipet Registration District, Ranipet.
3. The Sub Registrar
Kalavai Sub Registrar District, Kalavai.
..Respondent(s)
Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the impugned order dated 14.11.2024 in WP No.34172 of 2024.
For Appellant(s): Mr.H. Manojin
For Respondent(s): Mr.A.V.Arun for R1
Ms.S.Yogalakshmi
Additional Government Pleader for R2 & 3
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
Under assail is the writ order dated 14.11.2024 passed in
W.P.No.34172 of 2024. Third respondent in the writ petition is the
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WA No. 3665 of 2024
appellant before this Court.
2. Appellant states that he is the absolute owner of the land
measuring an extent of 2 acres 23 cents comprised in Survey No. 29/1,
Ponnambalam Village, Kalavai Taluk, Ranipet. Patta also stands in the
name of the appellant. First respondent namely P.Subramani filed a writ
petition seeking a direction to the Sub-Registrar, Kalavai to register a
sale deed dated 24.09.2024.The Writ Court directed the Sub-Registrar
to register the sale deed within a period of 2 weeks. The findings of the
writ Court in paragraphs 5, 6 and 7 of the writ order would show that the
civil rights of the parties are considered and a direction was issued to
register the sale deed. Further, writ Court found that transaction between
several parties would show that first respondent has established a civil
right for registering the sale deed under the Registration Act.
3. Learned counsel for the appellant would submit that land
belongs to the appellant was attempted to be registered. He has filed a
police complaint.
4. Learned Additional Government Pleader would submit that
document presented was returned and again it was not represented by
the first respondent for registration. This itself would raise a doubt
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2026:MHC:4414
WA No. 3665 of 2024
regarding civil right between the parties.
5. This Court is of the considered view that civil rights in
respect of immovable properties cannot be adjudicated by the writ Court
under Article 226 of the Constitution of India. Disputed facts of civil
nature are to be adjudicated in a trial nature proceeding based on the
documents in original and evidences available on record and by
examining witnesses. In the event of crystallizing the civil rights in a writ
proceedings, it may lead to miscarriage of justice or would cause
prejudice to the rights of the parties.
6. Registration authority under the Registration Act is
empowered to verify the documents and refuse registration, if there is
any doubt regarding the right of the party for registering a document.
Even in such circumstances, when a document is refused for registration
by the registering authority, remedy available is by way of a
representation at the first instance to the registering authority under
Section 71 of the Registration Act. Speaking order passed under Section
71 of the Act is appealable under Section 72 of the Registration Act.
Thereafter, an aggrieved person may institute a civil suit under Section
77 of the Act. This being the scheme under the Registration Act, no writ
seeking a direction to register a document is entertainable, since it
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WA No. 3665 of 2024
involves verification and adjudication of civil rights between the parties.
Any such direction issued by the writ Court to register a sale deed would
infringe the right of other party claiming similar civil rights. This exactly is
the reason why the Constitutional Courts time and again reiterated that
disputed facts of civil nature cannot be adjudicated by the High Court in
a writ proceeding.
7. The power of judicial review of the High Court under Article
226 of the Constitution of India is to ensure the processes through which
a decision has been taken is in consonance with the statutes and rules
in force, but not the decision itself. High Court is expected to exercise
restrain in adjudicating the civil rights between the parties in a writ
proceeding.
8. In the present case, Writ Court granted the relief by directing
the registering authority to register the sale deed by considering the civil
rights of the parties, which is unnecessary and in such circumstances,
parties are to be relegated to approach the competent Civil Court of law
to crystallise the rights.
9. In view of the above discussion, this Court could able to
arrive at an irresistible conclusion that writ order impugned need not be
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WA No. 3665 of 2024
sustained. If at all, first respondent claiming ownership/title in respect of
the subject property, they have to approach the competent civil Court for
establishing their title/ownership in the manner known to law.
10. Accordingly, the writ order impugned dated 14.11.2024 in
WP No.34172 of 2024 is set aside and the writ petition stands
dismissed. No costs. Consequently, connected miscellaneous petitions,
if any, are closed.
(S.M.S.,J.) (R.R.V.,J.)
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
To
1. The District Registrar
Ranipet Registration District, Ranipet.
2. The Sub Registrar
Kalavai Sub Registrar District, Kalavai.
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2026:MHC:4414
WA No. 3665 of 2024
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WA No. 3665 of 2024
28-10-2026
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