K.Selvi v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2026

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P. No.608 of 2026 K.Selvi .. Petitioner vs 1.The Sub Registrar, Sub Registrar Office, Kutchery Street, Udumalaipet, Tiruppur District - 642 126.

2.T.Kali Senthilkumar .. Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to permit the petitioner to participate in the enquiry to be held on 06.01.2026 or on any other future dates in connection with notice dated 27.12.2025 by affording an opportunity of fair personal hearing to petitioner to putforth her oral and written submissions along with relevant documents and thereupon pass appropriate orders within a stipulated time frame after considering the protest petition of the petitioner dated 27.12.2025 in accordance with law on merits.

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For Petitioner :

Mr.N.S.Suganthan For Respondents :

Mr.P.Harish, Government Advocate for R1

ORDER

The petitioner asserts that she filed O.S.No.362 of 2018 before the III Additional District and Sessions Judge, Tiruppur seeking partition. In the said suit, it is stated that an order of interim injunction restraining the defendants from alienating or encumbering the suit schedule properties is in operation. Relying thereon, the petitioner had submitted a protest petition to restrain the first respondent from registering the instrument of conveyance pertaining to relevant property.

2. Mr.P.Harish, learned Government Advocate, accepts notice for the first respondent. On the basis of written instructions, he submits that the enquiry scheduled on 06.01.2026 was postponed to 20.01.2026 due to the absence of the petitioner. He also submits that no enquiry has been held till date.

3. Considering the fact that the first respondent proposes to conduct an enquiry before deciding whether to register the conveyance after providing a reasonable opportunity to the 2/4

petitioner and the second respondent, it is not necessary to issue notice to the second respondent in this writ petition.

4. Accordingly, the writ petition is disposed of, by directing the first respondent to conduct an enquiry in relation to the protest petition filed by the petitioner and pass orders thereon in accordance with the Registration Act, 1908 and the Rules framed thereunder, after providing a reasonable opportunity to the petitioner and the second respondent herein. Such order shall be issued within six weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

27.01.2026 Index:Yes/No mmi To The Sub Registrar, Sub Registrar Office, Kutchery Street, Udumalaipet, Tiruppur District - 642 126.

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SENTHILKUMAR RAMAMOORTHY,J.

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