Dharani v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Dharani ... Petitioner Vs.

1.The District Registrar, Registration Department, Theni.

2.The Sub Registrar, Theni Sub Registrar Office, Theni Town, Theni.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to record the objection filed by the petitioner in respective of Survey Nos.354/5, 354/7, 355/5 and 356/6 situated at Poothipuram Village, Theni Subdi, Theni District by considering petitioner's objection petitions dated 03.10.2025 and 07.10.2025.

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For Petitioner : Ms.A.Banumathy For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2.The petition mentioned property stood in the name of the writ petitioner's grandfather. He had passed away. The petitioner claims that she has interest and share in the property. She has filed a suit before the Sub Court, Bodinaickanur. It is a suit for partition. The petitioner apprehends that, in the meanwhile, the petition mentioned property may be alienated.

3.The petitioner is permitted to file an Interlocutory Application in the said suit to restrain the defendants therein from dealing with the property. The petitioner may also implead the registering authority as a respondent in the IA, even without making him or her as a defendant in the main suit. If the papers are in order, the Court below shall take the suit on file immediately and IA shall also be numbered and disposed of 2/4

on merits and in accordance with law within a period of four weeks thereafter. It is for the petitioner to ensure that the service is completed well within time.

4.The second respondent shall not register any document in respect of the petition mentioned property for a period of five weeks. The fact that a brief restraint order has been granted against the registering authority does not mean that I had endorsed the claim of the writ petitioner. This is an issue that is left entirely to the discretion of the trial Court. If the papers are not in order and the petitioner fails to get the suit numbered immediately, notwithstanding the express direction to that effect the benefit of this order would stand recalled automatically. 5.This Writ Petition is disposed of accordingly. No costs. 24.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 25.10.2025.

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G.R.SWAMINATHAN, J.

MGA To 1.The District Registrar, Registration Department, Theni.

2.The Sub Registrar, Theni Sub Registrar Office, Theni Town, Theni.

Copy to The Sub Court, Bodinaickanur.

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