Madras High Court
Muthu vs The District Registrar on 22 November, 2022
W.P.(MD).No.25347 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.(MD)No.25347 of 2022
and
W.M.P.(MD).No.19435 of 2022
Muthu ... Petitioner
vs.
1.The District Registrar,
O/o.the District Registrar,
Combined Court Campus,
Cantonment,
Tiruchirapalli 620 001.
2.The Sub Registrar,
O/o. the Sub Registrar,
Thuvarankurichi,
Marungapuri Taluk,
Tiruchirapalli District 621 305.
3.M.Ramalingam
4.R.Soundarrajan
5.R.Nallusamy
6.S.Thangapandian
7.S.Kandasamy
8.N.Manikandan
9.N.Saravanakumar
10.R.Dhanam ... Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.25347 of 2022
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, directing the respondents 1
and 2 not to register any document to be presented by the respondents 3
to 9 in respect of the properties in S.Nos.313/1, 323/1 & 2, 327/20,
334/2, 370/7 & 8 of Pirampatti South Village, Marungapuri Taluk, Trichy
District, more fully mentioned in the schedule of property in O.S.No.363
of 2004, pending on the file of Principal District Munsif, Manapparai, till
the disposal of the said civil suit, in terms of the Circular of the Inspector
General of Registration, Chennai in Na.Ka.No.39708/C1/2018, dated
04.10.2018 and the representation of the petitioner, dated 29.10.2022.
For Petitioner : Mr.G.Kannan
For R1 & R2 : Mr.K.S.Selvaganesan
For R3 to R9 : Mr.M.Pitchaimuthu
ORDER
This Writ Petition has been filed for issuance of a Writ of
Mandamus, directing the respondents 1 and 2 not to register any
document to be presented by the respondents 3 to 9 in respect of the
properties in S.Nos.313/1, 323/1 & 2, 327/20, 334/2, 370/7 & 8 of
Pirampatti South Village, Marungapuri Taluk, Trichy District, more fully
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W.P.(MD).No.25347 of 2022
mentioned in the schedule of property in O.S.No.363 of 2004, pending
on the file of Principal District Munsif, Manapparai, till the disposal of
the said civil suit, in terms of the Circular of the Inspector General of
Registration, Chennai in Na.Ka.No.39708/C1/2018, dated 04.10.2018
and the representation of the petitioner, dated 29.10.2022.
2. The case of the petitioner is that the third respondent is the
father and respondents 4 and 5 are the elder brothers of the petitioner.
The respondents 6 and 7 are the sons of the fourth respondent and the
respondents 8 and 9 are the sons of the fifth respondent. The 10 th
respondent is the sister of the petitioner. The fourth respondent has filed
a suit in O.S.No.363 of 2004 before the Principal District Munsif Court,
Manapparai, seeking for partition in respect of the properties in S.Nos.
313/1, 323/1, 370/8B, 334/2B1, 334/2B2, 327/30, 370/7, 323/2B in
Pirampatti South Village, Manapparai Taluk, Tiruchirapalli District and
also in respect of the properties in S.Nos.311/1, 311/2, 327/30 and
370/4AA in Puluvanji East Village, Manapparai Taluk, Tiruchirapalli
District. Pending trial, the respondents 3 and 4 have executed a sale deed
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W.P.(MD).No.25347 of 2022
on 05.03.2007, in favour of one Subramanian, to the extent of 30 cents
from the ancestral properties, in which the petitioner is also having 1/5th
share. In order to defeat the petitioner's share in the ancestral properties,
the respondents 3 and 5 are still indulging in such activities of executing
sale deeds, settlement deeds in respect of the above properties, which
would lead to multiplicity of proceedings in Court, affecting the interest
of not only the petitioner and 10th respondent herein, but also the interest
of the third parties.
3. The learned Principal District Munsif, Manapparai has
originally passed a judgment and decree in the suit in O.S.No.363 of
2004, on 29.09.2016, for partition. Against which, an appeal in A.S.No.
132 of 2016 was filed before the learned I Additional Subordinate Court,
Tiruchirapalli, in which a judgment was delivered on 28.01.2019,
remitting the matter back to the trial Court viz., Principal District Munsif,
Manapparai, with a direction to implead the mother of the petitioner also
as party defendant and to continue the suit. Subsequently,
Tmt.Chinthamaniammal was impleaded as 12th defendant in the suit.
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W.P.(MD).No.25347 of 2022
However, the 12th defendant was passed away on 18.09.2019 and the suit
in O.S.No.363 of 2004 is still pending before the learned Principal
District Munsif Court, Manapparai, for further adjudication.
4. When the matter stood thus, the respondents 3 and 4 have
executed two settlement deeds on 01.10.2021, in favour of the 6 th
respondent and 7th respondents, the sons of fourth respondent in respect
of the ancestral properties in S.No.313/4 of Pirampatti South Village, in
which the petitioner is having the right of share. Likewise, the third and
fifth respondents have executed two settlement deeds dated 01.10.2021
in favour of 8th and 9th respondents, the sons of fifth respondent. The
executants got title only through Patta No.1056, in which the petitioner is
also a joint pattadar. The second respondent ought not to have registered
the above settlement deeds, without the consent or signature of the
petitioner. Hence, the petitioner has given a protest petition dated
30.12.2021, requesting the second respondent not to register the
documents, if any presented by the respondents 3 to 9 in respect of the
above said properties. However, the second respondent has passed an
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W.P.(MD).No.25347 of 2022
order stating that registration cannot be stopped based on his protest
petition and advised the petitioner to get permanent remedy from
appropriate Court. Therefore, the petitioner has filed the present writ
petition.
5. Heard the learned counsel for the petitioner, learned Additional
Government Pleader appearing for the respondents 1 and 2 and
Mr.M.Pitchaimuthu, learned counsel appearing for the respondents 3 to
6. Considering the above facts, there shall not be any alienation
either by the petitioner or by the respondents 3 to 9 in respect of the
subject property and all the documents registered subsequent to the filing
of the suit are subject to the outcome of the civil suit. If the petitioner is
interested, he has to file a revision petition before the civil Court for
early disposal of the suit in O.S.No.363 of 2004, which is pending from
the year 2004.
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W.P.(MD).No.25347 of 2022
7. With the above observations, this Writ Petition is disposed of.
No costs.
22.11.2022
akv
To
1.The District Registrar,
O/o.the District Registrar,
Combined Court Campus,
Cantonment,
Tiruchirapalli 620 001.
2.The Sub Registrar,
O/o. the Sub Registrar,
Thuvarankurichi,
Marungapuri Taluk,
Tiruchirapalli District 621 305.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.25347 of 2022
V.BHAVANI SUBBAROYAN,J.
akv
W.P.(MD)No.25347 of 2022
22.11.2022
https://www.mhc.tn.gov.in/judis
