Kannagi R v. The Sub-Registrar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY R.Kannagi ... Petitioner Vs.

The Sub-Registrar, The Sub-Registrar's Office, Devakottai, Sivagangai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to receive, process and consider the petitioner's protest petition dated 22.01.2026 in accordance with law and pass appropriate orders within a time frame to be fixed by this Court. For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.M.Lingadurai, Special Government Pleader 1/5

O R D E R

This Writ Petition has been filed for a direction to the respondent to receive, process and consider the petitioner's protest petition dated 22.01.2026 in accordance with law and pass appropriate orders.

2.With consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3.Learned Counsel for the petitioner would submit that the land in Survey No.19, in Thirumanavayal Village, Devakottai Taluk, Sivagangai District absolutely belongs to the petitioner and that since there is no specific pathway to the petitioner's land, he has been using Survey No.20 as the pathway for the past 25 years. Further, claiming pathway rights a suit in O.S.No.4 of 2026 is also pending before the District Munsif Court, Devakottai. However, the owner of the property in Survey No.20 is intending to sell the property and if it is sold, then the petitioner will be put to hardship since he has no pathway to reach his property in Survey No.19. Hence, the petitioner filed a protest petition on 22.01.2026 to the respondent. Hence, the present Writ Petition. 2/5

4.Learned Special Government Pleader appearing for the respondent would submit that already a civil suit is pending and appropriate orders can be obtained there.

5.Heard the learned Counsel on either side.

6.Admittedly, in the present case, the petitioner has made a protest petition to bring to the knowledge of the Sub-Registrar about the pendency of a civil suit in O.S.No.4 of 2026. In the event any sale deed is presented with regard to the property in Survey No.20, since the petitioner appears to be using the pathway for the past 25 years and his right in the said property is yet to be determined in the civil suit, the Sub-Registrar, Devakottai, shall issue notice to the petitioner and after hearing the parties concerned, shall take a decision in accordance with law. 7.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

05.02.2026 Index: Yes/No Internet: Yes/No MR 3/5

To The Sub-Registrar, The Sub-Registrar's Office, Devakottai, Sivagangai District.

4/5

KRISHNAN RAMASAMY, J.

MR 05.02.2026 5/5