The Deputy Inspector General vs Mallika H Patel

Court
Madras High Court

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.
__________
Page  1  of  8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 03:32:20 pm )

WA(MD) No. 1722 of 2026
For Petitioner(s) :Mr.S.I.Muthiah
Additional Government Pleader
For Respondent(s) :Mr.S.Saravana Kumar
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.
__________
Page  2  of  8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 03:32:20 pm )

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
__________
Page  3  of  8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 03:32:20 pm )

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.
__________
Page  4  of  8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 03:32:20 pm )

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.
__________
Page  5  of  8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 03:32:20 pm )

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
__________
Page  6  of  8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 03:32:20 pm )

WA(MD) No. 1722 of 2026
__________
Page  7  of  8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 03:32:20 pm )

WA(MD) No. 1722 of 2026
P.VELMURUGAN, J.
AND
K.K.RAMAKRISHNAN, J.
AM
WA(MD) No. 1722 of 2026
28-10-2026
__________
Page  8  of  8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2026 03:32:20 pm )