Parameswari v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Parameswari ... Petitioner Vs.

1.The Sub Registrar Thammampatti Sub Registration Office, Salem District.

2.K.Sakthivel 3.Kasi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent not to entertain any transaction in the schedule property by considering petitioner's representation dated 30.06.2025.

For Petitioner : Mr.M.Gajalakshmi For R1 : Mr.U.Baranidharan Special Government Pleader 1/5

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 2nd and 3rd respondents is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the 1st respondent not to entertain any transaction concerning the schedule properties listed in Patta No.169, Survey No.449/2B, measuring an extent of 0.95 1⁄2 cents our of 3.96 cents; Patta No.579, old Survey No.198/3, measuring an extent of 0-0.27 Ars; and Patta No.158, Old survey No.198/3, measuring an extent of 0-0.35 Ars, all situated at Keeripatti Village, Aathur Taluk, by considering the petitioner's representation dated 30.06.2025.

3. The learned counsel for the petitioner submits that petitioner is the wife of 2nd respondent; they have two daughters aged 17 years and 11 years respectively. Due to some misunderstanding between the petitioner and her husband, she was sent out of matrimonial home and is presently residing separately, along with the children maintaining herself by doing cooli work. The 2/5

2nd respondent has filed H.M.O.P.No.138 of 2023 which is pending consideration. Petitioner has also filed M.C.No.31 of 2024 and has obtained an interim maintenance order directing payment of a sum of Rs.8,000/- per month.

4. The learned counsel for the petitioner would further submit that the petitioner came to know that the husband and his family members intended to transfer all the ancestral properties to husband's sister and are not willing to give any property to petitioner's children. Therefore, the petitioner has given a representation through RPAD dated 30.06.2025 to the 1st respondent. The petitioner's prayer is for a direction to the 1st respondent to consider the said representation and not to entertain any transaction in the schedule property.

5. It is further submitted by the learned counsel for the petitioner that the petitioner claims title over the subject property and had filed a protest petition, which was refused.

6. On this being pointed out, the learned Special Government Pleader would submit that if any document in respect of the subject property is presented for registration, it is always open to the petitioner to file a protest petition/ objections, and if any such protest petition/objections are made, the same will be 3/5

considered, which was agreed to by the learned counsel for petitioner.

7. In view of the above, the writ petition stands disposed of with the following directions :- (i) If any document in respect of the subject property is presented for registration, it is always open to the petitioner to file a protest petition/ objections.

(ii) If any such protest petition and objections are made, the 1st respondent is directed to consider the same and take further action in the manner known to law., after issuing notice to respondents 2 and 3 and any other interested parties. No costs.

01.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mpa To:

The Sub Registrar Thammampatti Sub Registration Office, Salem District.

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MOHAMMED SHAFFIQ, J.

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