Gunasundari v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH and W.M.P.No.3376 of 2025 Gunasundari ... Petitioner Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai - 28.

2. The District Registrar, Tiruvannamalai District.

3. The Sub-Registrar, Tiruvannamalai Joint-II-SRO, Tiruvannamalai District.

P.Anbazhagan (Late)

4. Parimala

5. Balaguru ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the first respondent to forbear the third respondent from registering any further transactions concerning the property

located in Athiyandal Village, Tiruvannamalai District, bearing Survey Nos.26/1A and 26/1B, measuring a total extent of 8.26 acres, based upon the petitioner's protest petition dated 14.11.2024 and in accordance with the Judgment and Decree dated 05.11.2011 passed by the learned Principal SubJudge, Tiruvannamalai, in A.S.No.8 of 2021 in O.S.No.261/2005 and pass such further or other orders as this Hon'ble Court may deem fit. For Petitioner : Mr.R.Hari For R1 to R3 : Mr.P.Harish, Government Advocate For R4 & R5 : No appearance

O R D E R

This writ petition has been filed for the issue of a writ of mandamus forbearing the third respondent from registering any document touching upon the subject property.

2. Heard Mr.R.Hari, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate appearing on behalf of the respondents 1 to 3.

3. The petitioner is placing reliance upon the Judgment and

Decree passed in O.S.No.261 of 2005 and A.S.No.8 of 2011 and the grievance of the petitioner is that inspite of the Judgment and Decree passed by the competent civil court, the private respondents are attempting to deal with the property. Therefore, the petitioner gave a protest petition dated 14.11.2024. Since the same was not considered, the present writ petition has been filed before this court.

4. In the considered view of this court, as and when any document is presented for registration before the third respondent touching upon the subject property, the protest petition given by the petitioner dated 14.11.2024 shall be taken into consideration and the petitioner shall be put on notice and thereafter the third respondent shall take a decision on its own merits and in accordance with law.

5. This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 06.03.2025 skr Index : Yes / No Speaking order / Non-speaking order

N. ANAND VENKATESH, J.

skr To

1. The Inspector General of Registration, No.100, Santhome High Road, Raja Annamalaipuram, Chennai - 28.

2. The District Registrar, Tiruvannamalai District.

3. The Sub-Registrar, Tiruvannamalai Joint-II-SRO, Tiruvannamalai District.

06.03.2025