Sudalai v. The Deputy Inspector General Of Registration Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP.(MD).10165 of 2025 Sudalai ... Petitioner vs.

1. The Deputy Inspector General of Registration Department, Tirunelveli, Tirunelveli District.

2. The District Registrar (Administration), Registration District of Palayamkottai, Tirunelveli District.

3. The Sub Registrar, Kayathar Sub Registrar Office, Kayathar, Thoothukudi District.

4. Arumugam ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents 1 to 3 from registering any document in respect of the property comprised in S.No. 165/3 situated at Rajaputhukudi Village, Kayathar Taluk, Kayathar Sub Registrar Office, Thoothukudi District presented by the 4th respondent by considering his representation dated 10.03.2025.

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For Petitioner : Mr.S.Selvakumar For R1 to R3 : Mr.D.Sasikumar Additional Government Pleader For R4 : Mr.M.Prabu

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus to consider the petitioner's representation dated 10.03.2025.

2. The learned counsel appearing for the 4th respondent submitted that earlier a suit was filed in O.S. No. 19 of 2011 on the file of the District Munsif Court, Kovilpatti, and the same was decreed. Against the said decree, the petitioner preferred an appeal in A.S. No. 12 of 2013 before the Sub Court, Kovilpatti, which was dismissed. The said suit was filed by one Madathi, and the petitioner claims title to the suit property only through Madathi. An Execution Petition in E.P. No. 15 of 2023 was also filed in O.S. No. 19 of 2011, and the same was ordered on 16.11.2024.

3. In the said Execution Petition, delivery of possession was ordered. However, the petitioner has not yet taken delivery of the property. In the meantime, the petitioner has filed the present writ petition. Since the 4th respondent is claiming rights over the property based on the said decree, the 2/4

petitioner cannot seek to restrain the 4th respondent from enjoying the suit property. Hence, this Court is not inclined to entertain the present writ petition.

4. Accordingly, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous petition was closed. 23.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa To:

1. The Deputy Inspector General of Registration Department, Tirunelveli, Tirunelveli District.

2. The District Registrar (Administration), Registration District of Palayamkottai, Tirunelveli District.

3. The Sub Registrar, Kayathar Sub Registrar Office, Kayathar, Thoothukudi District.

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S.SRIMATHY , J.

Ksa ORDER MADE IN DATED :23.06.2025 4/4