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Madras High CourtWP/32435/2025dismissed

S.Vanitha v. The Sub Registrar

2025-10-31Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-10-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 36353 OF 2025 S.Vanitha, W/o. Late J.Sethulingam, No. 62/135, Theradi Street, Madurantagam, Chengalpet 603 306.

2.Minor S.Thamanesh, S/o. Late J.Sethulingam, No. 62/135, Theradi Street, Madurantagam, Chengalpet 603 306.

3.Minor S.Gowtham S/o. Late J.Sethullingam, No. 62/135, Theradi Street, Madurantagam, Chengalpet 603 306.

Minor Petitioners Represented By Their Mother And Natural Guardian Mrs.S.Vanitha, Petitioner(s) Vs

1.The Sub Registrar, Madurantagam Sub Registrar's Office, Madurantagam, Chengalpet 603 306.

2.J Pushparani, W/o. K.Jayaraman, No.39, Dharmaraja Koil Street, Madurantagam, Chengalpet 603 306.

3.J.Thilagaraj, No.1, Ground Floor, Karukkal Street, Kadaperi, Madurantagam, Chengalpet.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for records relating to the impugned order passed in Na.Ka.No.247/2025 dated 11.08.2025 and quash the same as illegal and consequently forbear the 1 st respondent from registering and releasing the document registered as pending document in P127/2025 on its file. For Petitioner(s):

Mr.K.A.Mariappan For Respondent(s):

Mr.P.Harish Government Advocate for R1.

M/s.G.Magesh Kumar for R2 & R3

ORDER

This writ petition has been filed by the petitioner challenging the impugned order dated 11.08.2025, in Na.Ka.No.247/2025 passed by the 1 st respondent.

2.Learned counsel for the petitioner would submit that the petitioner made a objection to register the sale deed whichever presented by the 2 nd respondent in favour of the 3 rd respondent since the 2 nd respondent has only life interest over the subject property. Despite submitting the objection letter, the 1 st respondent registered the sale deed presented by the 2 nd respondent and issued notice to the petitioner to appear before him for enquiry on 31.07.2025. After conducting enquiry, the 2 nd respondent concluded that the 2 nd respondent has 1/4 th share in the subject property and passed the impugned order dated 11.08.2025. Aggrieved over the same, the present writ petition has been filed.

3.Learned Government Advocate appearing for the 1 st respondent and learned counsel appearing for the respondents 2 & 3, would submit that, in the present case, since the property was already got registered, now the recourse available to the petitioner is to approach the Civil Court. 4.The issue in the present case is pertaining to the commencement/given effect date of the Will dated 22.06.1983 and according to the petitioner, the sale deed was executed by the 2 nd respondent when the testator has given only life interest to the 2 nd respondent to enjoy the subject property.

5.Considering the submissions made by either parties, this Court is of the view that all the issues raised by the petitioner can be agitated by the Civil Court by adducing the evidence. When such being the case, this Court cannot entertain the present writ petition.

6.In the result, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

31-10-2025 (1⁄2) rst Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Sub Registrar, Madurantagam Sub Registrar Office, Madurantagam, Chengalpet 603 306.

KRISHNAN RAMASAMY J.

rst AND WMP NO. 36353 of 2025 31-10-2025 (1⁄2)