Muthumari v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No.20421 of 2025 Muthumari ... Petitioner Vs 1.The District Registrar Madurai District, Madurai.

2.The Sub-Registrar Peraiyur Sub-Registrar Office, Madurai District.

3.G.Prasad ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents 1 and 2 to consider the Petitioner's representation dated 14.07.2025 and further direct the 2nd Respondent not to register any document in respect of the 3rd Respondent's property to an extent of 800 sq.ft (Plot No.12) in Sy.No.172/1 situated at Durga Nagar,

Silaimalaipatti Road, Peraiyur Town, Madurai South Registration District, Madurai District.

For Petitioner : Mr.P.Balamurugan For Respondents : Mr.S.Kameshwaran, (for R1 & R2), Government Advocate.

ORDER

The present writ petition has been filed for issuance of Writ of Mandamus to direct the Respondents 1 and 2 to consider the Petitioner's representation dated 14.07.2025 and further direct the 2nd Respondent not to register any document in respect of the 3rd Respondent's property to an extent of 800 sq.ft (Plot No.12) in Sy.No.172/1 situated at Durga Nagar, Silaimalaipatti Road, Peraiyur Town, Madurai South Registration District, Madurai District.

2.Admittedly, the petitioner and the third respondent are husband and wife. The third respondent/Husband has filed a divorce petition in H.M.O.P.No.211 of 2019, on the file of the Sub Court, Thirumangalam, and the same is pending between the parties. The petitioner/wife has filed I.A.No.26 of 2020 seeking interim maintenance.

3.In the present writ petition, the petitioner/wife is seeking injunction against the husband from encumbering the property, since the official respondent is not having any power to grant such injunction. Further, the petitioner has already initiated civil proceedings before the competent civil Court. The petitioner is at liberty to file an junction application in H.M.O.P.No.211 of 2019, on the file of the Sub Court, Thirumangalam. Therefore, the present writ petition cannot be maintained.

3.Accordingly, this writ petition stands dismissed with liberty to the petitioner to file an injunction application in the pending H.M.O.P.No.211 of 2019, on the file of the Sub Court, Thirumangalam. No costs.

28.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes vsg

To 1.The learned Sub Court, Thirumangalam.

2.The District Registrar Madurai District, Madurai.

3.The Sub-Registrar Peraiyur Sub-Registrar Office, Madurai District.

S.SRIMATHY, J vsg W.P.(MD) No. 20421 of 2025 28.07.2025