P.Radha @ Radhakrishnan vs The Sub-Registrar
2023 Latest Caselaw 9453 Mad

                                                                                 W.P.(MD)No.18603 of 2023


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 02.08.2023

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                W.P.(MD)No.18603 of 2023
                                                         and
                                               W.M.P.(MD)No.15433 of 2023

                     P.Radha @ Radhakrishnan                                      ... Petitioner

                                                             versus

                     1. The Sub-Registrar,
                        Tallakulam Sub-Registrar Office,
                        Integrated Sub-Registrar's Office,
                        Rajakambeeram,
                        Y.Othakkadai,
                        Madurai.

                     2. S.Manjula

                     3. S.Irudhayadass

                     4. N.Venkateswari

                     5. S.Abdul Rahman                                            ... Respondents


                                  Writ Petition filed under Article 226 of the Constitution of India,



                     1/6


https://www.mhc.tn.gov.in/judis
                                                                              W.P.(MD)No.18603 of 2023


                     seeking for the issuance of Writ of Mandamus, forbearing the first

                     respondent, his men, agents and those who are all claiming under the

                     petitioner from in anyway entertaining any registration of documents in

                     respect of the property in Resurvey No.185/1B1H, Plot No.14 with an

                     extent of 2 ½ cents situate in Madhakoil Main Road, K.Pudur,

                     Madurai.


                                       For Petitioner   : Mr.P.Gunasekaran

                                       For R1           : Ms.D.Farjana Ghoushia,
                                                          Special Government Pleader

                                                          ORDER

The case of the petitioner is that the property in Resurvey No.

185/1B1H, Plot No.14 to an extent of 2 ½ cents with tiled house is the

ancestral property of his father Pitchai @ Narayaswamy. After the

death of his father, he and his son one Srinivasan were in joint

possession of the property. Thereafter, he filed a suit for partition

against his son in O.S.No.88 of 2010 before the learned II Additional

Subordinate Judge, Madurai. Pending the suit, the petitioner's son

https://www.mhc.tn.gov.in/judis W.P.(MD)No.18603 of 2023

Srinivasan alienated the property in favour of respondents 2 to 5 herein

and they were also impleaded as defendants in the suit. The said suit

was disposed of by judgment and decree dated 07.07.2014. As against

the same, the respondents 2 to 5 filed appeal suits in A.S.Nos.32 of

2014, 5 of 2015 and 9 of 2018 on the file of the learned Principal

District Judge, Madurai, which were allowed on 13.04.2018.

Challenging the same, the petitioner preferred second appeal before

this Court in S.A.(MD)No.589 to 591 of 2020 and the same were

dismissed on 01.03.2022, against which, he preferred a Special Leave

Petition before the Hon'ble Supreme Court in SLP (c) No.

9554-9556/2022 and the same was also dismissed on 12.07.2022.

Now, the petitioner filed a review application in Diary No.28789/2023,

which is pending. In the meantime, the respondents 2 to 5 attempted to

make encumbrances in the property. Therefore, the petitioner filed a

protest petition on 25.05.2023 before the first respondent requesting

him not to entertain any registration in respect of the above said

property. Since there was no response, the petitioner is before this

https://www.mhc.tn.gov.in/judis W.P.(MD)No.18603 of 2023

Court.

2. It appears that the petitioner has lost upto the Hon'ble Supreme

Court in SLP (c) No.9554-9556/2022, however, he filed a review

application as against the order passed by the Hon'ble Supreme Court.

This Court, by simply referring to the review application pending

before the Hon'ble Supreme Court, cannot issue a direction to the first

respondent not to register any document for the property in Resurvey

No.185/1B1H, Plot No.14 with an extent of 2 ½ cents situated in

Madhakoil Main Road, K.Pudur, Madurai. In the event, if the petitioner

succeeds in the review application, he can work out his remedy in the

manner known to law, by referring to the order passed in the review

application.

3. Accordingly, this writ petition is disposed of with liberty to the

petitioner to work out his remedy in the manner known to law, if he

succeeds in the review application. The petitioner is also at liberty to

https://www.mhc.tn.gov.in/judis W.P.(MD)No.18603 of 2023

work out his remedy under Section 77A of the Registration Act, if he

succeeds in the review application. No costs. Consequently, connected

miscellaneous petition is closed.

02.08.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

To

1. The Sub-Registrar, Tallakulam Sub-Registrar Office, Integrated Sub-Registrar's Office, Rajakambeeram, Y.Othakkadai, Madurai.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.18603 of 2023

B.PUGALENDHI, J.

ogy

W.P.(MD)No.18603 of 2023

02.08.2023

https://www.mhc.tn.gov.in/judis