Perumalsamy v. The District Registrar,

1 W.P.(MD)NO.24046 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24046 of 2025

1. Perumalsamy

2. Gnanammal (2nd Petitioner is suo motu impleaded vide order dated 25.09.2025.) ... Petitioner Vs.

1. The District Registrar, Virudhunagar District, Virudhunagar.

2. The Sub Registrar, Sub Registrar Office, Sathur, Virudhunagar District.

3. Dhanalakshmi (R-3 is impleaded vide order dated 16.09.2025 in W.M.P.(MD)No.19862 of 2025.) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to register the first petitioner's settlement deed dated 29.08.2025 filed before him with regard to his properties bearing 1) survey No.152/1-extent 2656.50 sq.ft with house, 2) survey No.152/1-extent 1372 sq.ft.vacant land, 3) survey No. 237/3A-extent 1.25.51 Ares-punja land, situated at his village of O.Mettupatti, Sathur Taluk, Virudhunagar District and release the same.

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2 W.P.(MD)NO.24046 OF 2025 For Petitioner : Mr.R.Murugappan For R-1&R-2 : Mr.D.Gandhiraj, Special Government Pleader.

For R-3 : Mr.P.Mani Ananth * * *

O R D E R

Heard both sides.

2. The first petitioner is the husband of the third respondent. The first petitioner wants to settle the petition-mentioned properties in favour of the second petitioner who is none other than his own sister. Since the registering authority declined to register the document citing objections from the third respondent, this writ petition came to be filed.

3. The learned counsel for the third respondent states that the first petitioner had driven her out and she filed maintenance suit. The learned counsel for the first petitioner states that the third respondent is well to do and that she is not entitled to maintenance. 2/4

3 W.P.(MD)NO.24046 OF 2025

4. I do not want to go into this aspect of the matter. In the event of the third respondent obtaining maintenance decree against the first petitioner, it shall operate as a charge over the petition-mentioned properties. The second petitioner undertakes not to alienate the property till the maintenance suit is disposed of.

5. Recording the said undertaking given by the petitioners herein, I direct the registering authority to register the settlement deed. The third respondent is at liberty to present this order and have the same registered so that it is reflected in the encumbrance register. This writ petition stands allowed accordingly. No costs. 25.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 26.09.2025.

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4 W.P.(MD)NO.24046 OF 2025 G.R.SWAMINATHAN,J.

PMU To:

1. The District Registrar, Virudhunagar District, Virudhunagar.

2. The Sub Registrar, Sub Registrar Office, Sathur, Virudhunagar District.

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