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Madras High CourtWP(MD)/27533/2025disposed of

Chellaiah v. The Sub Registrar

2025-10-03Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.27533 of 2025 Chellaiah : Petitioner Vs.

The Sub Registrar, Sub Registrar Office, Annavasal, Pudukkottai District.

: Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified mandamus, calling for the records relating to the impugned notice issued by the respondent by his proceedings No.Nil/2025 dated 23.09.2025 and quash the same as illegal and consequently direct the Respondent not to register any document with respect to the subject property till disposal of the SA(MD) No. 346/2024 pending before this Court.

For Petitioner : Mr.K.Mahendran For Respondent : Mr.R.Suresh Kumar, Additional Government Pleader

ORDER

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This writ petition has been filed seeking to quash the impugned notice issued by the respondent in his proceedings in No.Nil/2025, dated 23.09.2025, and consequently to direct the respondent not to register any document with respect to the subject property till the disposal of S.A. (MD) No.346 of 2024 pending before this Court.

2. The petitioner is the owner of the subject property. For the very same property, one Kailasam, son of Kasivishwanathan, presented a document for registration before the respondent, pursuant to which the respondent issued impugned notice dated 23.09.2025, directing the petitioner to appear for enquiry. Challenging the said notice, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner would submit that the very same property is the subject matter of the proceedings before the Civil Court. The petitioner, along with two others, had filed a suit in O.S.No.196 of 2008 before the learned District Munsif-cumJudicial Magistrate, Keeranur, and the suit was decreed in their favour. Aggrieved thereby, the first defendant preferred an appeal before the Sub 2/5

Court, Keeranur, in A.S.No.8 of 2021, which was allowed. Challenging the same, the petitioner has filed a Second Appeal before this Court in S.A.(MD) No.346 of 2024, which is pending, and in which this Court has granted an order of interim stay and interim injunction. The learned counsel further submits that despite the subsistence of the said interim order, one Kailasam has attempted to register the very same property in favour of a third party, which is not legally sustainable.

4. The learned Additional Government Pleader appearing for the respondent would submit that, since the respondent suspected the genuineness of the document presented for registration, summons were issued to the petitioner for enquiry, and that appropriate orders will be passed after considering the rival claims.

5. In view of the above submissions, this Court directs the respondent to conduct the enquiry in accordance with law and pass appropriate orders on the document presented for registration, within a period of two weeks from the date of receipt of a copy of this order. 3/5

6. With the above direction, this Writ Petition stands disposed of. No costs.

03.10.2025 Index : Yes / No NCC : Yes / No TSG To The Sub Registrar, Sub Registrar Office, Annavasal, Pudukkottai District.

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M.DHANDAPANI, J.

TSG W.P.(MD) No.27533 of 2025 03.10.2025 5/5