← Library
Madras High CourtWP(MD)/25680/2025disposed of

P.Muthukumar v. The Sub Registrar,

2025-09-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.20107 of 2025 P.Muthukumar ... Petitioner Vs.

1.The Sub Registrar, Uthamapalayam, Theni District.

2.M.Balaji 3.M.Lakshmi Narayanan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent not to register any documents in respect of survey No. 598, Markayankottai Road, 9th Ward, Chinnamannur, Periyakulam, Theni District contained in Document No.704 of 2015 on the file of the first respondent by considering the petitioner's representation dated 03.09.2025 and pass appropriate orders on merits and in accordance with law within the period that may be stipulated by this Court. 1/4

For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the first respondent.

2.The petitioner wants to restrain the registering authority from accepting any document for registration from the private respondents herein. The private respondents are none other than the sons of the writ petitioner. It appears that the petition mentioned properties were purchased by the writ petitioner in the names of his sons. The petitioner states that his sons have taken charge and are keeping the petitioner out of the premises. He also apprehends that they may alienate the properties.

3.In this regard, the petitioner has already filed O.S.No.103 of 2025 on the file of Principal District Munsif Court, Uthamapalayam. The 2/4

petitioner has also filed an interim application in I.A.No.1 of 2025. The registering authority has been made as a party in the said IA. Notice has been ordered in the said IA and the next hearing date is 25.09.2025. Till the IA is disposed of, the registering authority / first respondent herein shall not accept any document for registration from the respondents 2 and 3 herein. The fact that a restraint order is being issued for a limited period does not imply that I have endorsed the writ petitioner's claim on merits. The registering authority will abide by the decision of the jurisdictional civil Court.

4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 18.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To The Sub Registrar, Uthamapalayam, Theni District.

3/4

G.R.SWAMINATHAN, J.

MGA 18.09.2025 4/4