A. Vedhanayaga Pandian v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A. Vedhanayaga Pandian ... Petitioner /Vs./ The Sub Registrar Kovilpatti, Thoothukudi District.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent herein not to register the pending settlement deed No.P47/2024 on the file of the respondent herein respect of the property situated at Survey No.236/B1 Kovilpatti Village and Taluk, Thoothukudi District, and consequently direct them to give sufficient time to the petitioner to get injunction order from the civil court.

For Petitioner : Mr.S.Saravanan For Respondent : Mr.D.Sadiq Raja Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed for a direction, directing the respondent not to register the pending settlement deed No.P47/2024 in respect of the property comprised in Survey No.236/B1, situated at Kovilpatti Village and Taluk, Thoothukudi District.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner's mother owned property comprised in Survey No.236/B1, situated at situated at Kovilpatti Village and Taluk, Thoothukudi District, to an extent of 16.48 cents. The petitioner's mother had executed a settlement deed in favour of one of her daughters and the settlement deed presented for registration. However, on the objections raised by the petitioner, the respondent kept a document pending as pending document No.47/2024. The petitioner submitted mere objection and failed to produce any order by the Court. Though the petitioner filed a suit and pending in O.S.No.158 of 2024 on the file of the Munsif Court, Kovilpatti and by order dated 23.12.2024, the respondent informed the 2/4

petitioner that if any interim order not produced within a period of one week, the document presented for registration and released. Now, the petitioner seeks further time to produce interim order.

4. On perusal of the documents, it revealed that the petitioner did not even challenge the settlement deed and the suit was not filed for any partition, it is mere injunction suit. Therefore, the suit filed by the petitioner for injunction in respect of the subject property is no way connected in favour of one of the daughters of the petitioner's mother.

5. In view of the above, direction sought for by the petitioner cannot be granted and this petition is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. The respondent is directed to register the settlement deed and release the same forthwith. No costs. 10.01.2025 Internet : Yes/No NCC : Yes / No Index : Yes/No LS 3/4

G.K.ILANTHIRAIYAN , J.

LS TO:- The Sub Registrar Kovilpatti, Thoothukudi District.

Order made in Dated:

10.01.2025 4/4