Rajeshwari v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Rajeshwari ...

Petitioner Vs 1 The Sub Registrar, Annavasal Sub Registration Office, Annavasal, Iluppur Taluk, Pudukkottai District.

2 Marirajan ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent not to register any deeds with regard to old Survey No.94/10, new Survey No. 94/10A, Patta No. 290, for a total extent as 3 Acres (1 Hectare and 21 Ares), which is situated at Pulvayal Village, Annavasal Sub Registration Office Limit, Iluppur Taluk, Pudukottai District, based on the petitioner's representation, dated 03.09.2024.

For Petitioner :

Mr.A.D.Ganeshamoorthi For Respondent 1 : Mr.R.Suresh Kumar, Addl. Govt. Pleader.

ORDER

Petitioner is the wife of second respondent. They entered into matrimony on 30.04.2009 and, from the wedlock, two children were born. Both the children are minors as on today.

2. Petitioner pleads that her husband/second respondent is possessed of ancestral property in old Survey No.94/10 and new Survey No. 94/10A of Pulvayal Village, Annavasal, Iluppur Taluk, Pudukottai District. She further pleads that her husband has fallen into wrong ways and he is attempting to alienate the subject property in favour of third parties. Hence, she gave a representation to first respondent on 03.09.2024 that he should not entertain any documents relating to the aforesaid survey numbers. Pleading that first respondent has kept the representation pending, she filed the present Writ Petition.

3. I have heard Mr.A.D.Ganeshamoorthi, learned counsel for petitioner, and Mr.R.Suresh Kumar, learned Additional Government Pleader, for first respondent.

4. Apart from certain Sections and Rules under the Registration Act and the Rules, such as, Section 22-A, 22-B, 55, 56 and 162, a SubRegistrar is not entitled to prevent registration of any document. If the petitioner has any fear that second respondent may alienate the subject property, her remedy is to approach the jurisdictional Civil Court and seek for orders of injunction. Such power not being conferred on the first respondent, I am not in a position to entertain the Writ Petition.

5. Leaving it open to petitioner to approach the jurisdictional Civil Court, this Writ Petition is dismissed. No costs. 03.03.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

The Sub Registrar, Annavasal Sub Registration Office, Annavasal, Iluppur Taluk, Pudukkottai District.

V.LAKSHMINARAYANAN, J.

dixit 03.03.2025