Madras High Court
Hemalatha vs The Sub Registrar on 27 June, 2025
Author: S.Srimathy
Bench: S.Srimathy
W.P(MD)No.14476 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.14476 of 2025
Hemalatha .. Petitioner
Vs.
The Sub Registrar,
Sub-Registrar Officer,
Kadayanallur,
Tenkasi District. .. Respondent
PRAYER:Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondent to register
the sale deed referred in respondents TP/217634898/2025 dated 25.04.2025 i.e. to
register the Sale Deed dated 10.02.2025 executed by the petitioner in favour of
Murugan, in respect of the House site measuring 2727.25 sq.ft. and House
thereon bearing Door No.122 with Electricity and water supply connections
situated in Goplakrishnasamy Koil Street in Natham Survey No.308/3 in
Krishanapuram Village in Kadayanallur Municipality, Tenkasi District, in favour
of Murugan considering the order dated 03.07.2009 passed by this Honble Court
in C.R.P.(NPD)(MD).No.230 of 2008 setting aside the “Pre-Order of Attachment
1/5
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W.P(MD)No.14476 of 2025
order dated 05.02.2008 passed by the 1st Additional Sub Court, Madurai in
I.A.No.828 of 2006 in O.S.No.565/2006” and the judgment dated 02.08.2010
passed by the 1st Additional Sub Court, Madurai in O.S.No.565/2006” within a
time limit to be fixed by this Court.
For Petitioner : Mr.B.Karunanithi
For Respondent : Mr.S.Saji Bino
Special Government Pleader
ORDER
This Writ Petition has been filed for the issuance of a Writ of
Mandamus directing the the respondent to register the sale deed referred in
respondents TP/217634898/2025 dated 25.04.2025 i.e. to register the Sale Deed
dated 10.02.2025 executed by the petitioner in favour of Murugan, in respect of
the House site measuring 2727.25 sq.ft. and House thereon bearing Door No.122
with Electricity and water supply connections situated in Goplakrishnasamy Koil
Street in Natham Survey No.308/3 in Krishanapuram Village in Kadayanallur
Municipality, Tenkasi District, in favour of Murugan considering the order dated
03.07.2009 passed by this Honble Court in C.R.P.(NPD)(MD).No.230 of 2008
setting aside the “Pr-Order of Attachment order dated 05.02.2008 passed by the 1 st
Additional Sub Court, Madurai in I.A.No.828 of 2006 in O.S.No.565/2006” and
the judgment dated 02.08.2010 passed by the 1st Additional Sub Court, Madurai in
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O.S.No.565/2006” within a time limit to be fixed by this Court.
2. The petitioner was one of the partner in the partnership firm
namely 'Anchor Systems'. A suit was filed against the petitioner showing the
petitioner as the second defendant and the petitioner's property alone was attached
under 'Attachment Before Judgement' by order dated 05.02.2008. However, the
suit has ended against the petitioner. The suit was decreed in favour of the
plaintiff against which the petitioner preferred an appeal and the same was
dismissed confirming the suit decree and judgment. The second appeal which was
filed against the appeal was also dismissed confirming the decree and judgement.
The petitioner has challenged the 'Attachment Before Judgement' order dated
05.02.2008 in CRP(NPD)(MD).No.230 of 2008 and the same was set aside by
this Court vide order dated 03.07.2009.
3. Since there is no 'Attachment Before Judgement' in the suit, the
petitioner is seeking to register the sale deed now. The plaintiff in the suit has not
filed any execution petition and the whereabouts of the plaintiff was also not
known. Moreover, it is seen that the limitation time has also crossed. Therefore,
this Court direct the respondent to register the sale deed as a contra entry and
release the document. The said exercises shall be completed within a period of
four weeks from the date of receipt of a copy of this order.
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4. With the above direction, this Writ Petition is disposed of. No
Costs. There shall be no order as to costs.
27.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
PJL
To
The Sub Registrar,
Sub-Registrar Officer,
Kadayanallur,
Tenkasi District.
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S.SRIMATHY, J.
PJL
ORDER MADE IN
DATED : 27.06.2025
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