C.H.MOHAMMED KUNHI, vs THE DISTRICT COLLECTOR

Court
Madras High Court

WA(MD) No. 1703 of 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
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WA(MD) No. 1703 of 2026
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
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,
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WA(MD) No. 1703 of 2026
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.
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WA(MD) No. 1703 of 2026
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,
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WA(MD) No. 1703 of 2026
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
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WA(MD) No. 1703 of 2026
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.
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WA(MD) No. 1703 of 2026
P.VELMURUGAN, J.
AND
K.K.RAMAKRISHNAN, J.
bala
WA(MD) No. 1703 of 2026
26-10-2026
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