Latha v. District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Latha ... Petitioner Vs.
1.
The District Registrar, District Registrar Office, Cheyyar 604 407.
2.
Sub-Registrar of Cheyyar, Joint Sub-Registrar Office - II, Cheyyar, 8, Pavadai Moorthy Vinayagar Koil Street, Cheyyar, Tiruvannamalai District - 604 407.
3.
P.S.Ayyasamy Naidu 4.
P.A.Ramachandhiran 5.
P.A.Ravi 6.
P.A.Hari 7.
J.Bharatha Chakravarthy 8.
R.Perumal 9.
V.Krishnamoorthy 10.
R.Velu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, restraining the respondents 1 and 2 from entertaining or registering any further encumbrance, sale deed or document of any nature relating to the suit property situated at Survey No.248/2, 248/2B1, 1/5
249/1 and 249/2 during the pendency of the civil suit in O.S.No.88 of 2019 on the file of Subordinate Court, Cheyyar, Tiruvannamalai District. For Petitioner : M/s.V.Srimathi For Respondents : Mr.U.Baranidharan Special Government Pleader for R1 & R2
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 respondents 3 to 10 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to restrain the respondents 1 and 2 from entertaining or registering any further encumbrance, sale deed or document of any nature, during the pendency of the civil suit in O.S.No.88 of 2019 on the file of Subordinate Court, Cheyyar, Tiruvannamalai District, in respect of the suit property comprised in Survey Nos.248/2, 248/2B1, 249/1 and 249/2.
3. The learned counsel for the petitioner would submit that a suit is pending in O.S.No.88 of 2019 on the file of the Sub ordinate Court, Cheyyar, Tiruvannamalai District, in respect of the suit property comprised in Survey 2/5
Nos.248/2, 248/2B1, 249/1 and 249/2. While so, the petitioner's father and brothers unlawfully executed a Sale Deed on 26.06.2024 in favour of respondents 7 to 10, who subsequently converted the land into plots and sought layout approval. It is further submitted that in spite of submitting several objections, respondents 1 and 2 continued to entertain registration of documents relating to the disputed property. Hence, petitioner has come before this Court seeking a direction to restrain any further registration in respect of subject property till the final disposal of the suit.
4.
At the outset, learned Special Government Pleader for respondents 1 and 2 would submit that petitioner may submit a protest letter against registration of the subject property. If such protest letter is made, the respondent /Authority shall consider the same and conduct an inquiry, after issuance of notice to the petitioner as well as to the parties who proposes to register any document in respect of the subject property.
5.
Accordingly, this Writ Petition is disposed of with a direction to the to the petitioner to submit a protest letter to respondents 1 and 2, in respect of subject property. If any such protest letter is made, respondents 1 and 2 shall conduct an enquiry as and when any document is presented for registration in 3/5
respect of subject property. The enquiry shall be conducted after issuing notice and affording a reasonable opportunity of hearing to the petitioner as well as the parties who proposes to register any document. The said enquiry shall be conducted keeping in view the provisions of the Registration Act in particular Section 22B. There shall be no order as to costs. 22.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No veda To:
1.
The District Registrar, District Registrar Office, Cheyyar 604 407.
2.
Sub-Registrar of Cheyyar, Joint Sub-Registrar Office - II, Cheyyar, 8, Pavadai Moorthy Vinayagar Koil Street, Cheyyar, Tiruvannamalai District - 604 407.
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MOHAMMED SHAFFIQ, J.
veda 22.08.2025 5/5