Citation : 2026 Latest Caselaw 1335 Mad
Judgement Date : 16 March, 2026
W.P(MD)No. 7005 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :16.03.2026
CORAM:
THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY
W.P(MD)No. 7005 of 2026
Chitradevi ... Petitioner
Vs
1. The Inspector General of Registration,
O/o. Inspector General of Registration,
No. 100, Santhom High Road,
Manthaivelipakkam, R.A. Puram Road,
Chennai. 600 028.
2. The District Registrar,
Palayamkottai Registration District,
Palayamkottai,
Tirunelveli District.
3. The Sub Registrar,
Ettaiyapuram Sub Registrar Office,
Thoothukudi District.
4. Velusamy
5. Ramesh Kannan
6. N. Dineshkumar ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
1/5
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W.P(MD)No. 7005 of 2026
respondent Nos. 2 and 3 to conduct enquiry and dispose the petitioner
representation dated 16.02.2026 and forbear the respondent Nos. 4 to 6 to
encumbrance the property in survey no.429, 450/2D, 135/2D, 537/20,
Epothumvendran Village, Ottapidaram Taluk, Thoothukudi District till
disposal of the Civil Suit in O.S. No. 26 of 2023 on the file of the Sub
Court, Kovilpatti, Thoothukudi District.
For Petitioner : Mr.C.Moovendran
For R1 to R3 : Mr.A.Baskaran
Additional Government Pleader
ORDER
This writ petition is disposed of at the admission stage without
notice to the respondents 4 to 6 and this Court is not expressing any
opinion on the merits of the issue.
2. The writ petition is filed with the prayer of Mandamus directing
the respondents 2 and 3 to conduct an enquiry and dispose of the
petitioner's representation dated 16.02.2026.
3. Upon hearing the learned counsel for the petitioner and perusing
the material records of the case, it can be seen that the contention of the
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petitioner is that he is also the owner of the property in survey Nos. 429,
450/2D, 135/2D, 537/20, Epothumvendran Village, Ottapidaram Taluk,
Thoothukudi District. The property originally belonged to their
grandfather and already a civil suit in this regard is pending in O.S.No.26
of 2023 on the file of the Sub Court, Kovilpatti, Thoothukudi District, for
partition of the suit property. Pending the same, now one of the
defendants in the suit is trying to create further encumbrance. Therefore,
the petitioner has made a representation.
4. I also heard the learned Additional Government Pleader on
behalf of the respondents 1 to 3.
5. When the petitioner's contention is that he is also the co-owner
of the property and when he does not want the other co-owner to further
encumber or alienate the property and also when the civil suit is pending
in O.S.No.26 of 2023, if at all, the petitioner is entitled for any relief, the
petitioner should approach the same Civil Court by way of filing an
interlocutory application and if only any interim order is granted pending
disposal of the suit, the respondents 1 to 3 shall abide by the same.
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6. Therefore, keeping open the liberty of the petitioner to approach
the competent civil court before which the suit is said to be pending, this
Writ Petition is disposed of.
7. Needless to mention that only because the civil suit is kept
pending, the parties venture into all kinds of litigations. Upon production
of a copy of this order, the learned Subordinate Judge, Kovilpatti, shall
endeavour to dispose of the civil suit as early as possible. No costs.
NCC : Yes/No 16.03.2026
apd
To
1. The Inspector General of Registration, O/o. Inspector General of Registration, No. 100, Santhom High Road, Manthaivelipakkam, R.A. Puram Road, Chennai. 600 028.
2. The District Registrar, Palayamkottai Registration District, Palayamkottai, Tirunelveli District.
3. The Sub Registrar, Ettaiyapuram Sub Registrar Office, Thoothukudi District.
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D.BHARATHA CHAKRAVARTHY.,J.
apd
ORDER MADE IN
16.03.2026
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