The petitioner sought a writ to restrain registrars from registering documents regarding disputed properties while a partition suit with an injunction application was pending in the civil court. The Court dismissed the writ petition as it was devoid of merits, noting the existence of pending civil proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.30394 of 2024 and
W.M.P(MD)Nos.25564 and 25565 of 2024
Sahaya Leon
... Petitioner
Vs
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8.Benitto Leon
9.Santhyagu Leon 10.Glory 11.Jeyarani
12.Sugantha
13.Soosai
14.Anto Blessy
15.Selvaraj
16.Thamarai Valli
17.Siluvai Mary
18.Uthira Kumar
19.Marimuthu
20.Murugavalli
21.Seeniammal
22.Maria Kaster
23.Altreen
24.Ivan Rajakambeeram
25.Alex
26.Rishiya
27.Maria Jeno Bret
28.Rijay
29.Mari Julianal
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30.Shanthi
31.Rayammal 32.Mary Stella 33.Maria Jeba Rexy 34.Jeyanthi 35.Maria Michael Prasath 36.Muthuramalingam 37.Nagarajan 38.Justin 39.Muralidharan 40.Chandran 41.Murugan 42.Palanichamy 43.Marimuthu 44.Gunasekara Pandian 45.Anthony Arockia Rehan 46.Arul Soosai Alosiyas 47.Arockiya Jeeva 48.John Amalraj 49.Sahaya Berna Dhoosh 50.Thambiah
51.Victoria Angel
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52.V.P.Rajasekar
53.Sri Mahat Sidharam Dhas Baba
54.Mariyavalari
55.Periyasamy Thevar
56.Hyder Khan
57.Maskarinaaz
58.S.Rajiv Fernando
59.K.Christopher
60.S.Christopher Clasan
61.A.Joseph Valter
62.S.Leo ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the respondents 3 to 5 to consider the Petitioner’s representation dated 5.11.2024 and consequently to direct the third respondent restraining the respondents 4 and 5 from registering any further documents in respect of properties at Rameshwaram Taluk, Pamban Village Patta No.829, SurveyNo.973/3(3 New Sub Division) to an extent of 9 cents, 18 cents, 131/4 cents. Pamban village S.No.973/3 to an extent of 1 acre and 65 cents, Pamban Village SurveyNo.287, 1 acre and 61 cents Pamban village Survey No.228/2A to an extent of 3 acres and 14 cents, Pamban Village survey No.228/2A to an extent of 1 acre and 4 cents, Pamban village survey No.228/2A to an extent of 24 cents and Pamban village Survey No.228/2A to an extent of 30 cents and Pamban Village survey No.287 to a total extent and Pamban Village Survey No.287 to an extent of 53
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cents and Pamban Village Survey No.287 to an extent of 0.21.7 hecatres, Acres and Cents and Pamban Village Survey No.286/7A1 to an extent of 3 acres and 40 cents and Pamban Village Survey No.286/7A2 to an extent of 90 cents and Pamban Village Survey No. 1132/2 to an extent of 1937 ½ sq.ft of land and Pamban Villlage Survey No281/9 to an extent of 5873 sq.ft and Pamban Village Survey No.148/1A to an extent of 34 ½ cents, Pamban Village Survey No148/1B to an extent of 25 cents and Pamban Village Survey No.148/5B2B to an extent of 19 cents and pamban Village Survey No.281/1A to an extent of 3 acres and 83 cents, and Pamban Village Survey No.281/1A to an extent of 7135 ½ sq.ft an Pamban Village Survey NO.279/3A1b to an extent of 21 cents and Pamban Village Survey No.277/2B1 to an extent of 60 cents and Pamban Village Survey no.569/1A1 to an extent of 8694 sq.ft and Pamban Village Survey No.569/1A1 to an extent of 5949 ½ sq.ft and Rameswaram Town Survey No.399/1 to an extent of 3488 sq.ft Rameshwaram Town S.No.979/1 to an extent of 3488 sq.ft and Pamban Village Survey No.569/1B1Ato an extent of 4760 sq.ft land and Kadaladi Taluk, Mookaiyoor Village Survey no.120/1A to an extent of 38 ents and S.No.120/1A1B to an extent of 42 cents and S.No.120/1B1B to an extent of 38 cents and S.No.55/2 to an extent of 3 acres and 52 cents and S.No.247/2 to an extent of 52 cents and S.No.232/2 to an extent of 2 acres and 70 cents and S.No.243/3A to an extent of 7 acres and 68 cents and S.No.231 to an extent of 15 acres and S.No.231 to an extent of 2 acres and 50 cents and S.No.59/1A to an extent of 6 acres and S.No.59/2 to an extent of 2 acres and 30cents and S.No.169/3A to an extent of 58 cents and S.No.169/3B to an extent of 1 cent and S.No.59/1A to an extent of 6 acres and S.No.59/2 to an extent of 2 acres and 30 cents and S.No.169/3A to an extent o 58 cents and S.No.169/3B to
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an extent of 1 acre and 92 cents and S.No.314/3 to an extent of 2 acres and 70 cents and S.No.314/4 to an extent of 2 acres and 70 cents of land the suit schedule in O.S.NO.8 of 2024 and I.A.No.3 of 2024 before the learned District Court, Ramanathapuram and to pass appropriate orders in accordance with law in the objecion submitted by the Petitioner on 23.1.2024 vide application No.S01LANDVV202401232703459 and the transaction No.REG20240123949309 and 5.11.2024.
For Petitioner : Mrs.N.Vijayalakshmi For RR 1 to 5 : Mr.D.Sadiq Raja Addl. Government Pleader
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 3 to 5 to consider the Petitioner’s representation dated 5.11.2024 and consequently to direct the third respondent restraining the respondents 4 and 5 from registering any further documents in respect of properties at Rameshwaram Taluk, Pamban Village Patta No.829, SurveyNo. 973/3(3 New Sub Division) to an extent of 9 cents, 18 cents, 131/4 cents. Pamban village S.No.973/3 to an extent of 1 acre and 65 cents, Pamban Village SurveyNo.287, 1 acre and 61 cents Pamban village Survey No.228/2A to an extent of 3 acres and 14 cents, Pamban Village survey No.228/2A to an extent of 1 acre and 4
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cents, Pamban village survey No.228/2A to an extent of 24 cents and Pamban village Survey No.228/2A to an extent of 30 cents and Pamban Village survey No.287 to a total extent and Pamban Village Survey No.287 to an extent of 53 cents and Pamban Village Survey No.287 to an extent of 0.21.7 hecatres, Acres and Cents and Pamban Village Survey No.286/7A1 to an extent of 3 acres and 40 cents and Pamban Village Survey No.286/7A2 to an extent of 90 cents and Pamban Village Survey No.1132/2 to an extent of 1937 ½ sq.ft of land and Pamban Villlage Survey No281/9 to an extent of 5873 sq.ft and Pamban Village Survey No.148/1A to an extent of 34 ½ cents, Pamban Village Survey No148/1B to an extent of 25 cents and Pamban Village Survey No.148/5B2B to an extent of 19 cents and pamban Village Survey No.281/1A to an extent of 3 acres and 83 cents, and Pamban Village Survey No.281/1A to an extent of 7135 ½ sq.ft an Pamban Village Survey NO.279/3A1b to an extent of 21 cents and Pamban Village Survey No.277/2B1 to an extent of 60 cents and Pamban Village Survey no.569/1A1 to an extent of 8694 sq.ft and Pamban Village Survey No.569/1A1 to an extent of 5949 ½ sq.ft and Rameswaram Town Survey No.399/1 to an extent of 3488 sq.ft Rameshwaram Town S.No.979/1 to an extent of 3488 sq.ft and Pamban Village Survey No.569/1B1Ato an extent of 4760 sq.ft land and Kadaladi Taluk, Mookaiyoor Village Survey no.120/1A
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to an extent of 38 ents and S.No.120/1A1B to an extent of 42 cents and S.No.120/1B1B to an extent of 38 cents and S.No.55/2 to an extent of 3 acres and 52 cents and S.No.247/2 to an extent of 52 cents and S.No.232/2 to an extent of 2 acres and 70 cents and S.No.243/3A to an extent of 7 acres and 68 cents and S.No.231 to an extent of 15 acres and S.No.231 to an extent of 2 acres and 50 cents and S.No.59/1A to an extent of 6 acres and S.No.59/2 to an extent of 2 acres and 30cents and S.No.169/3A to an extent of 58 cents and S.No.169/3B to an extent of 1 cent and S.No.59/1A to an extent of 6 acres and S.No.59/2 to an extent of 2 acres and 30 cents and S.No.169/3A to an extent o 58 cents and S.No.169/3B to an extent of 1 acre and 92 cents and S.No.314/3 to an extent of 2 acres and 70 cents and S.No.314/4 to an extent of 2 acres and 70 cents of land the suit schedule in O.S.NO.8 of 2024 and I.A.No.3 of 2024 before the learned District Court, Ramanathapuram and to pass appropriate orders in accordance with law in the objecion submitted by the Petitioner on 23.1.2024 vide application No.S01LANDVV202401232703459 and the transaction No.REG20240123949309 and 5.11.2024.
2.Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the respondents 1 to 5. By consent of both parties,
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itself.
the Writ Petition is taken up for final disposal at the admission stage itself.
3.A representation has been submitted by the Petitioner seeking direction as against the respondents 3 to 5 to consider the Petitioner’s representation, dated 5.11.2024 and to direct the third respondent restraining the respondents 4 and 5 from registering any further documents in respect of aforementioned properties.
4.For the very same properties, the Petitioner has filed a suit in O.S.No.8 of 2024 and also filed an application in I.A.No.3 of 2024 for interim injunction restraining the respondents from alienting including mortgage and the same is pending before the Principal District Court, Ramanathapuram. While pending the suit, the Petitioner submitted a representation and approached this Court for the very same relief. Therefore, the representation submitted by the Petitioner cannot be considered, since already the petitioner filed a suit for partition along with interlocutory application for injunction and as such, the Writ Petition is devoid of merits and the same is liable to be dismissed.
5.Accordingly, the Writ Petition stands dismissed. The
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Petitioner is at liberty to approach the Civil Court for appropriate relief, in the manner known to law.There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
17.12.2024
NCC : Yes / No Index : Yes / No Internet : Yes vsn
To
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G.K.ILANTHIRAIYAN, J.
vsn
Order made in W.P(MD)No.30394 of 2024
17.12.2024
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1 issue framed by the court
Whether the High Court should intervene via writ to restrain registration of disputed property when a civil suit for partition and interim injunction is already pending?
1 provisions across 1 enactments
Sahaya Leon
Inspector General of Registration
Deputy Inspector General of Registration
District Registrar
Sub-Registrar, Rameswaram
Sub-Registrar, Sayalkudi
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
