Muppidathi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Muppidathi ... Petitioner /Vs./

1. The District Registrar, Registration Department, Tenkasi District.

2. The Sub-Registrar, Registration Department, Uthumalai, Tenkasi District.

3. Thangavel ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's objection dated 13.12.2024 within the time frame stipulated by this Court.

For Petitioner : Mr.S.Kumar For Respondents : Mr.M.Sarangan, Addl. Government Pleader (R1 & R2) 1/4

ORDER

This writ petition has been filed seeking for a direction to the second respondent to consider objections raised by the petitioner dated 13.12.2024 not to register any deed of conveyance in respect of the property owned by the third respondent.

2. Considering the nature of the order going to be passed in this writ petition, notice to the third respondent is dispensed with. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The third respondent and the petitioner are the husband and wife. After their marriage, there is some misunderstanding between them, since according to the petitioner, the third respondent is addicted to Alcohol. The third respondent owns his ancestral property comprised in S.No.103/4, 103/5, 103/6 and 103/7 situated at Uthumalai Village, Veerakeralampudhur Taluk, Tenkasi District, and he is alienating the same in favour of various persons. The petitioner and her children are also having share in the said ancestral properties of the third respondent. 2/4

Therefore, the petitioner submitted an objection before the second respondent not to register any deed of conveyance in respect of the subject properties.

4. Admittedly, the properties stand in the name of the third respondent. If at all the petitioner and her children have any share in the subject properties, the petitioner can very well file a suit instead of raising objections before the registering authority. Therefore, the direction sought for in this writ petition cannot be considered. This writ petition is liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs. 31.01.2025 Index : Yes / No NCC : Yes / No Sm TO:-

1. The District Registrar, Registration Department, Tenkasi District.

2. The Sub-Registrar, Registration Department, Uthumalai, Tenkasi District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

31.01.2025 4/4