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2025 DAILYLAW 157544 (MAD)

Sayeeram S v. The Deputy Inspector General of Registration

WP(MD)/24483/2025 · 2025-09-10

G R Swaminathan

Transfer Petitionbody2025

Judgment text

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W.P(MD)No.24483 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.24483 of 2025 S.Sayeeram ... Petitioner Vs. 1.The Deputy Inspector General of Registration, Madurai Zone, Madurai. 2.The District Registrar, Periyakulam Registration Department, Periyakulam, Theni District. 3.The Sub Registrar, Thevaram Sub Registrar Office, Theni District. 4.P.K.Jemsh ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent not to encumbrance the land in Survey No.413/2A, 413/2B 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.24483 of 2025 Pottipuram Village, Uthamapalayam Taluk, Theni District total extend of 2.31 Acres and consider the petitioner's representation dated 30.12.2022. For Petitioner : Mr.S.B.Kayvin Prince For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R.1 to R.3 ORDER Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3. 2.The petitioner's father is said to have purchased the petition mentioned property from one Janarthan who had acted in the capacity of power agent. The said Janarthan had also said to have subsequently sold the very same property in favour of the fourth respondent. The petitioner's grievance is that the fourth respondent continues to encumber the property. Hence, this writ petition has been filed to restrain the registering authority from entertaining any document from the fourth respondent. 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.24483 of 2025 3.The petitioner has to necessarily move the jurisdictional civil Court to enforce his rights against the fourth respondent. Liberty is given to the petitioner to move the civil Court. If any such suit is filed, the same shall be numbered immediately if the papers are otherwise in order. The petitioner is also entitled to seek interim relief and add the Sub Registrar in the IA alone as a party respondent without making as defendant in the main suit if so advance. If any such IA is filed, it shall be disposed of on merits and in accordance with law within a period of eight weeks thereafter. I make it clear that I have not gone into the merits of the matter. 4.This writ petition is disposed of accordingly. No costs. 10.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 11.09.2025. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.24483 of 2025 G.R.SWAMINATHAN, J. MGA To 1.The Deputy Inspector General of Registration, Madurai Zone, Madurai. 2.The District Registrar, Periyakulam Registration Department, Periyakulam, Theni District. 3.The Sub Registrar, Thevaram Sub Registrar Office, Theni District. W.P(MD)No.24483 of 2025 10.09.2025 4/4 https://www.mhc.tn.gov.in/judis