- Court
- High Court of Madras
- Decided
- 16 April 2026
- Bench
- M.Dhandapani
- Case no.
- WP 13734/2026
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Judgment
ORDER This writ petition has been filed restraining the Respondents 1 to 4 their men, agents servants, or anyone claiming through them from in any manner interfering with the petitioners peaceful possession, enjoyment and right over the land measuring an extent of about 1.02 Acres in Survey No.207/14 Part, Corresponding to T.S. Nos.93 and 148 Block No.31, Koyambedu Village, Chennai-
¶2It is the case of the petitioner that he purchased 1.02 acres of land in S.No.207/14 part, T.S.No.93 and 148 Block No.31 of Koyambedu Village by Page3 of 6 sale deed dated 16.12.2020 by one Rajaram and others. The registration though kept pending initially was refused to be registered Under Section 71 of the Indian Registration Act. The reason being the TNHB claim to have acquired the land in the name of one Lalithambal. There are several discrepancies in the 4(1) Notification and 6th declaration and the land belonging to one Appu, the grandfather of Rajaram was not subject matter of Notification under Section 4(1) and declaration under Section 6. The order passed under Section 71 of the Tamil Nadu Registration Act refusing to register the sale deed in favour of the petitioner, was questioned in writ petition No.2401 of 2021. The writ petition was dismissed by the learned Single Judge of this Court against the order of dismissal, W.A.No.1747 of 2022 was filed. The order passed in WP.No.2401 of 2021 was stayed. The Writ Appeal No.1747 of 2022 was disposed of by an order dated 16.10.2025 directing the petitioner herein to file an appeal under Section 72 of Tamil Nadu Registration Act after recording the dispute regarding the title raised by both the parties. On 05.03.2026, the officials of Tamil Nadu Housing Board along with Police, removed the fencing and entered into the property illegally. They erected a Board as if, the property belongs to Tamil Nadu Housing Board. Questioning the high handedness of forceful dispossession, the present writ petition has been filed seeking appropriate relief.
¶3The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to maintain Status Quo till the disposal of Page4 of 6 appeal which is pending before the appellate authority.
¶4Heard both sides and perused the materials available on record.
¶5This Court dins that the petitioner has already filed an appeal under Section 72 of the Registration Act before the jurisdictional District Registrar. The petitioner can very well file an interim stay petition application along with the said appeal filed before the appellate authority for the very same prayer. Without doing so, filing the present writ petition is not sustainable.
¶6Considering the facts and circumstances of the case, this Court directs the petitioner to file an interim stay application before the appellate authority along with the appeal for appropriate remedy in the manner known to law. The appellate authority shall entertain the same and pass appropriate orders as expeditiously as possible, in accordance with law.
¶7With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 16-04-2026 rli Page5 of 6 Index: Yes/No Speaking/Non-speaking order To
¶1The Chairman and Managing Director, The Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035
¶2The Executive Engineer The Tamil nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035
¶3The Special Tahsildar (Land Acquisition), State Housing Board Schemes, Nandanam, Anna Salai, Chennai-600 035
¶4The Assistant Commissioner of Police V5, Thirumangalam Police Station, 35RW -MRC, 3-4 School Rd., D-Sector, Anna Nagar West Extension, Chennai, Tamil Nadu-600 101
¶5The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600 028
¶6The Sub Registrar (Joint-I) Sub Registrar Office, No.98, Nellukkara Street, Periya Kanchipuram, Kancheepuram-631 501 Page6 of 6
M.DHANDAPANI, J. rli 16-04-2026
Case details
Parties and counsel
Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI E.Velu S/o. Ekanathan, Nos. 91 and 92 Sriram Illam, Gangai Amman Koil Street, Vadapalani, Chennai-600 026 ..Petitioner(s) Vs 1. The Chairman and Managing Director, The Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035 2. The Executive Engineer The Tamil nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035 3. The Special Tahsildar (Land Acquisition), State Housing Board Schemes, Nandanam, Anna Salai, Chennai-600 035 4. The Assistant Commissioner of Police V5, Thirumangalam Police Station, 35RW -MRC, 3-4 School Rd., D-Sector, Anna Nagar West Extension, Chennai, Tamil Nadu-600 101 5. The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai-600 028 Page2 of 6 6. The Sub Registrar (Joint-I) Sub Registrar Office, No.98, Nellukkara Street, Periya Kanchipuram, Kancheepuram-631 501 ..Respondent(s) Writ petition filed under Article 226 of Constitution of India, seeking to issue a Writ of Mandamus restraining the Respondents 1 to 4 their men, agents servants, or anyone claiming through them from in any manner interfering with the petitioners peaceful possession, enjoyment and right over the land measuring an extent of about 1.02 Acres in Survey No.207/14 Part, Corresponding to T.S. Nos.93 and 148 Block No.31, Koyambedu Village, Chennai. For Petitioner(s): Mr.V.Ramesh for R.Ashwanth For Respondent(s): Ms.Aswini Devi, AGP RR5 & 6 Mr.V.Meganathan, GA (Crl side) R4 Mr.A.M.Ravindranath Jayapaul for TNHB
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