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Madras High CourtWP(MD)/33022/2025allowed

Petchiammal v. The Sub Registrar,

2025-11-18Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.33022 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.33022 of 2025

1. Petchiammal

2. Subashini

3. Packiyalakshmi ... Petitioners Vs.

1. The Sub Registrar, Kalakakd, Nanguneri Taluk, Tirunelveli District.

2. Subramanian ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent in RFL/Kalakkadu/38/2025 dated 14.11.2025 and quash the same and consequently direct the first respondent to register the sale deed dated 14.11.2025 executed by the third petitioner in favour of the petitioners 1 & 2 within the time fixed by this Court. For Petitioners : Mr.N.Vignesh For R-1 : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

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2 W.P.(MD)NO.33022 OF 2025

O R D E R

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

2. Sale deed dated 14.11.2025 was executed by the third petitioner in favour of the petitioners 1 and 2 was presented for registration. Registration was refused on the ground that it is the subject property in O.S.No.79 of 2025 on the file of the Sub Court, Nanguneri.

3. It is well settled that mere pendency of a suit cannot be a ground for refusing to register if the other statutory requirements are fulfilled.

4. If the first respondent has not received any restraint order (injunction order) from the jurisdictional civil Court, pendency of the suit shall not be cited as a reason for refusing to register. 2/4

3 W.P.(MD)NO.33022 OF 2025

5. In this view of the matter, the impugned refusal check slip is quashed. The petitioners are permitted to re-present the document and the same shall be registered and released subject to fulfilment of the other usual formalities. This writ petition stands allowed. No costs.

18.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

The Sub Registrar, Kalakkad, Nanguneri Taluk, Tirunelveli District.

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4 W.P.(MD)NO.33022 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.33022 of 2025 18.11.2025 4/4