Dismissed¶¶29

A.Dhawoodkhan v. the Sub Registrar Office

Madras HC8 Apr 2025WP/11594/2025

Case brief

AI extract

What is this about?

Writ Petition No.11594 of 2025, High Court of Judicature at Madras, decided 08.04.2025 by Justice N. Anand Venkatesh: mandamus to District Registrar/Sub-Registrar (Kallakurichi/Sankarapuram) to act on representation objecting to sale of debtor's property refused; correct course is a civil suit for recovery of money with attachment before judgment; Article 226 Constitution of India; writ petition dismissed, no costs.

What did the court decide?

Where the owner of the property borrowed money from the petitioner and the amount has not been repaid, the petitioner must go before the civil Court and seek recovery of money. ¶¶24

A.Dhawoodkhan Vs the Sub Registrar Office — Writ and Judicial Review | Madras HC (2025)

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Writ Petition No.11594 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.04.2025

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No.11594 of 2025

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A.Dhawoodkhan S/o.Azizkhan

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Petitioner

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The Sub Registrar Office, Sankarapuram, Kallakurichi- 606 401.

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2.The District Registrar, No.57/4, Gopuram Complex, Kacherry Road, Kallakurichi- 606 202.

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3.I.Ayupkhan S/o. Ibrahimkhan

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4.A.Mumtaj W/o.Ayupkhan

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Respondents

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Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 07.01.2025.

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For Petitioner : Mr.V.Babu For Respondents : Mr.R.Sasikumar Government Advocate [R1 & R2] *****

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O R D E R

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1/4

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.11594 of 2025

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This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to consider the representation

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made by the petitioner on 07.01.2025 wherein the petitioner has submitted an objection to the effect that the owner of the property had borrowed money from the petitioner and without repaying the amount, an attempt is being made to sell away the property.

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Heard Mr.V.Babu, learned counsel for petitioner and and Mr.R.Sasikumar, learned Government Advocate appearing for respondents 1 and 2.

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In the considered view of this Court, if the owner of the property had borrowed money from the petitioner and the said amount has not been repaid, the petitioner has to go before the civil Court and seek for recovery of money. It also goes without saying that the petitioner can seek for attachment before judgment if the owner of the property is attempting to sell away the property. Without resorting to this process, the petitioner cannot make a representation to the Sub-Registrar and request the Sub-Registrar not to register any document pertaining to the subject property. The relief as sought for by the petitioner is wholly

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2/4

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.11594 of 2025

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misconceived and there are absolutely no merits in the present writ petition.

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In the result, this writ petition is dismissed. No costs.

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08.04.2025

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Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm

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To 1. The Sub Registrar Office, Sankarapuram, Kallakurichi- 606 401. 2.The District Registrar, No.57/4, Gopuram Complex, Kacherry Road, Kallakurichi- 606 202.

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N.ANAND VENKATESH, J

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3/4

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https://www.mhc.tn.gov.in/judis

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Writ Petition No.11594 of 2025

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Writ Petition No.11594 of 2025

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