Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2026
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY D.Dhamodharan .. Petitioner vs 3.Sathiyaraj 4.Soundarya 5.Sumithra 6.Minor Arjun rep. By Natural Guardian/mother Uma 7.K.Nagarajan .. Respondents
Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus to consider the petitioner’s representation dated 15.12.2025 submitted before the first respondent for conducting enquiry on fraudulent registration of sale deed Document No.7634/2025 on the file of the first respondent i.e., the Joint I Sub Registrar Office of Saidapet, South Chennai Registration District dated 10.06.2025.
For Petitioner : Mr.S.Najimudeen For Respondents : Mr.S.Jayachandran, Government Advocate for R1 and R2
ORDER
The petitioner seeks consideration of representation dated 15.12.2025 for conducting an enquiry in relation to the allegedly fraudulent registration of sale deed bearing Document No.7634 of
2025. In the affidavit, the petitioner states that the mother of
respondents 3 to 6 had approached him and taken a loan from him. It is stated that original parent document of settlement deed bearing Document No.4925 of 2013 dated 20.05.2013 was given as collateral security. In these circumstances, without repaying the debt of Rs.25 lakhs, it is stated that the sale deed bearing Document No.7364 of 2025 was executed in favour of the seventh respondent herein.
2. Mr.S.Jayachandran, learned Government Advocate, accepts notice for respondents 1 and 2.
3. Learned counsel for the petitioner submits that a civil suit was filed for recovery of money. If so, the petitioner should seek relief in respect of the property allegedly provided as security in the said suit.
4. The writ petition is completely misconceived. The
petitioner’s grievance appears to be non-repayment of loan by the borrower. If so, a suit for recovery of debt may be filed. In case, a mortgage had been created as security, the petitioner has the option of seeking to enforce such mortgage or charge. On that basis, the petitioner cannot seek cancellation of sale deed. Therefore, this writ petition is dismissed without any order as to costs.
Index:Yes/No Neutral Citation: Yes/No mmi To
SENTHILKUMAR RAMAMOORTHY,J.
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