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Madras High CourtWP(MD)/20060/2025disposed of

Pandiyan v. The District Registrar

2025-07-23Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.15438 of 2025 Pandiyan ... Petitioner Vs

1. The District Registrar, Rajakampiram, Y.Othakadai, Madurai District.

2. The Sub Registrar, Elumalai Registration Office, Peraiyur, Madurai District.

3. Neethirajan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the second respondent not to register any documents submitted by the third respondent or her agents till the disposal of O.S.No.312 of 2025 on the file of 4th Additional Sub Court, Madurai, against the petitioner's property in S.No.107/7 at Poosalapuram Village, Peraiyur Taluk, Madurai District, by considering petitioner's representation dated 1/4

28.06.2025.

For Petitioner : Mr.T.Palanisamy For R-1 & R-2 : Mr.G.Suriya Ananth Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to forbear the second respondent not to register any documents submitted by the third respondent or her agents till the disposal of O.S.No.312 of 2025, on the file of 4th Additional Sub Court, Madurai, against the petitioner's property in S.No.107/7 at Poosalapuram Village, Peraiyur Taluk, Madurai District, by considering the petitioner's representation dated 28.06.2025.

2. Admittedly, the petitioner has filed a suit in O.S.No.312 of 2025 on the file of the IV Additional Sub Court, Mdurai and the same is pending. Instead of approaching the Sub Court, Madurai, the petitioner has approached the High Court under Article 226 of the Constitution of India, seeking a direction for an interim injunction. Prima facie, the petitioner cannot seek interim injunction when a civil suit is pending. However, the petitioner has expressed his difficulty that the Sub Court is granting long adjournments. Therefore, the petitioner is not able to 2/4

obtain interim injunction at the earliest. It is submitted that already the petitioner has filed an application for interim injunction before the 4th Additional Sub Court, Madurai. The 4th Additional Sub Court, Madurai, shall considered the same, within a period of twelve (12) weeks from the date of receipt of a copy of this order. In the meanwhile, respondents 1 and 2 are directed not to entertain any application in respect of the subject property for a period of twelve (12) weeks.

3. With the above said directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4

S.SRIMATHY , J.

jbr To:

1. The District Registrar, Rajakampiram, Y.Othakadai, Madurai District.

2. The Sub Registrar, Elumalai Registration Office, Peraiyur, Madurai District.

ORDER MADE IN DATED : 23.07.2025 4/4