Salai Thamariselvi v. The Sub Register

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.6815 of 2020 Salai Thamariselvi ... Petitioner /vs./ 1.The Sub Registrar, Sub Registrar Office, Annavasal, Pudukkottai District.

2.Meivali Amsavalli 3.Salai Mathavan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider the decree in O.S.No.120 of 2007 passed by the Learned District Munsif Cum Judicial Magistrate, Keeranur dated 06.06.2015 and to avoid to register any deed such as sale, mortgage, lease will, settlement, assignment and gift in respect of the land in Survey No.480/2, 4B, 5B, 5A2, 6B, and 6C situated at Vilathuppatti Village, 1/4

Illuppur Taluk, Pudukottai District, by considering the representation dated 03.06.2019 and 18.05.2020.

For Petitioner : Mr.M.Ramu For R1 : Mr.T.Amjadkhan Government Advocate For R2 & R3 : No appearance

ORDER

In the above matter though the private respondents, namely the respondents 2 and 3 have been served, they have not entered appearance either in person or through a counsel.

2.The relief sought for in the above writ petition is that in the light of the compromise decree in O.S.No.120 of 2007 on the file of the District Munsif cum Judicial Magistrate Court, Keeranur, the second respondent herein, who is one of the defendants and a signatory to the compromise, is not performing her part of the contract and on the contrary, she has settled the property on her daughter, who, in turn, is attempting to sell the same, which is to the detriment of the writ petition. The writ petitioner only seeks to be intimated and her objection 2/4

considered before any transaction in respect of the property subject matter of this writ petition is being registered.

3.The learned Government Advocate appearing on behalf of the first respondent would submit that in the event of their being any registration in respect of the above property, notice will definitely be issued to the petitioner and her objection will be heard before further steps are taken by the first respondent. 4.Recording the submission of the learned Government Advocate, the Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 27.03.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To The Sub Registrar, Sub Registrar Office, Annavasal, Pudukkottai District.

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P.T.ASHA, J.

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