V.Sethunathan v. The Inspector General of Registration Department
WP(MD)/20034/2025 · 2025-07-23
S Srimathy
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 152376 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152376 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P(MD)No.20034 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.20034 of 2025 V.Sethunathan ... Petitioner
Vs
1. The Inspector General of Registration Department, Registration Department, No.100, Santhom High Road, Chennai.
2. The District Registrar, Sivagangai District, Sivagangai.
3. The Sub Registrar, Sub Register Office Joint-I, Sivagangai, Sivagangai District.
4. V.Kailanathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent No.3 not to register any deed of document in relate to the land measuring 0.02.00 ares (5 cent) comprised in survey No.4/10, 0.33.00 ares (82 cent) comprised in survey No. 10/2A, 0.31.50 ares (78 cent) comprised in survey No.10/2C, 0.30.00 ares 1/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.20034 of 2025 (74 cent) comprised in Survey No.12/4, 0.53.50 ares (1 acres 32 cents) comprised in survey No.57/3 all situated at Arasani Group, Sivagangai Taluk, Sivagangai District, till disposal of suit in O.S.No.16/2023 on the file of District Munsif Court, Sivagangai, and suit in O.S.No.86/2023 on the file of Subordinate Court, Sivagangai, on the basis of Petitioner's representation dated 19.05.2025. For Petitioner : M/s.T.Indrachithu For R-1 to R-3 : Mr.D.Sasi Kumar
Additional Government Pleader
ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondent No.3 not to register any deed of document in relate to the land measuring 0.02.00 ares (5 cent) comprised in survey No.4/10, 0.33.00 ares (82 cent) comprised in survey No.10/2A, 0.31.50 ares (78 cent) comprised in survey No.10/2C, 0.30.00 ares (74 cent) comprised in Survey No. 12/4, 0.53.50 ares (1 acres 32 cents) comprised in survey No.57/3 all situated at Arasani Group, Sivagangai Taluk, Sivagangai District, till disposal of suit in O.S.No.16 of 2023 on the file of District Munsif Court, Sivagangai, and suit in O.S.No.86 of 2023 on the file of Subordinate Court, Sivagangai, on the basis of Petitioner's representation dated 19.05.2025.
2. The learned Counsel appearing for the petitioner submitted that there is a suit in O.S. No.16 of 2023 on the file of District Munsif Court, Sivagangai and 2/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.20034 of 2025 another suit in O.S.No.86 of 2023 on the file Subordinate Court, Sivagangai and the same are pending. In spite of the same, the fourth respondent is trying to encumber the property. Therefore, the petitioner is seeking a direction against the official respondents not to register any deed relating to the subject property. Since the petitioner has already filed a suit, he ought to obtain an interim injunction in that suit and cannot file a writ petition under Article 226 of the Constitution of India. Therefore, this Court is not inclined to entertain this writ petition. However, liberty is granted to the petitioner to approach the Court in the pending suit and seek appropriate relief. If any injunction application is submitted, the same shall be considered and pass orders. The Trial Court may consider the same within a period of four months from the date of submission of the said application.
3. With the above said directions, this Writ Petition stands dismissed. There shall be no order as to costs.
23.07.2025 NCC : Yes / No Index: Yes / No Internet: Yes jbr 3/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.20034 of 2025 To:
1. The Inspector General of Registration Department, Registration Department, No.100, Santhom High Road, Chennai.
2. The District Registrar, Sivagangai District, Sivagangai.
3. The Sub Registrar, Sub Register Office Joint-I, Sivagangai, Sivagangai District. 4/5 https://www.mhc.tn.gov.in/judis
W.P(MD)No.20034 of 2025 S.SRIMATHY
, J.
jbr
ORDER MADE IN W.P(MD)No.20034 of 2025 DATED : 23.07.2025 5/5 https://www.mhc.tn.gov.in/judis