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K.Mani v. the Registrar

Madras HC18 Feb 2025WP/4887/2025

Case brief

AI extract

What is this about?

Madras High Court single-judge order disposing of a writ of mandamus sought to stop the District/Sub Registrar, Jalagandapuram (Salem) from registering sale and settlement deeds over 2.21 acres in S.No.142, Adaiyur Village, Edappadi Taluk, pending civil suit O.S.No.106 of 2021 (District Judge, Sankari) and following an unacted representation dated 27.09.2024. Key point: writ jurisdiction under Article 226 cannot be used to obtain interim orders while the substantial dispute is before the civil Court; petitioner directed to seek restraint orders from the civil Court. Keywords: registration bar, interim relief, pending civil suit, Article 226, disposal with liberty, no costs.

What did the court decide?

No substantive relief granted; petitioner left at liberty to approach the civil Court for a restraint order. ¶44

K.Mani Vs the Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief granted; petitioner left at liberty to approach the civil Court for a restraint order.

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Issue for consideration

Whether the writ jurisdiction under Article 226 of the Constitution of India can be invoked to obtain an interim restraint on registration of documents while the substantial dispute over the property is pending before the civil Court. +1 more

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Court's answer

When the substantial dispute is before the civil Court, the writ jurisdiction cannot be invoked for the purpose of getting an interim order; such a writ petition can never be entertained.

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Ratio / Principle

The power under Article 226 of the Constitution of India is an extraordinary power given to the High Court and it cannot be used for the purpose of getting interim orders pending a substantial suit before the civil Court.

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Key takeaways

No mandamus was issued; the petitioner was left at liberty to move the civil Court seeking restraint against the rival parties from dealing with the property, and except this liberty no further orders could be passed in the writ petition.ratio¶38

Detailed headnote1 paragraphs

Writ Petition No.4887 of 2025 (High Court of Judicature at Madras, N. Anand Venkatesh, J., decided 18.02.2025) - K.Mani sought a writ of mandamus under Article 226 forbearing the Registrar, District Registrar Office (West), Jalagandapuram, Salem District, from registering sale deeds and settlement deeds over 2.21 acres in S.No.142, Adaiyur Village, Edappadi Taluk, Salem District, until disposal of civil suit O.S.No.106 of 2021 before the District Judge, Sankari, and in consideration of his representation dated 27.09.2024. The Court held that when the substantial dispute is before the civil Court, the writ jurisdiction cannot be invoked for the purpose of getting an interim order, and that the extraordinary power under Article 226 cannot be used for interim orders pending a substantial suit. The writ petition was disposed of with liberty to the petitioner to move the civil Court for a restraint order against the rival parties; no costs.

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Writ Petition No.4887 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 18.02.2025

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Writ Petition No.4887 of 2025

K.Mani S/o.Kaveri

..Petitioner

Vs.

1.The Registrar, District Registrar Office (West), Jalagandapuram, Salem District.

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2.The Sub Registrar, Jalagandapuram, Salem District.

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3.K.Palanisamy

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4.K.Kamal

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5.Kavitha

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6.K.Murugan

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7.Palaniappan

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8.Madammal

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9.Chandra

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10.Saravanan

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11.Thangam

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12.Raja

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... Respondents

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

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Writ Petition No.4887 of 2025

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the first respondent from registering sale deeds and settlement deeds with respect to the property situated in S.No.142 to an extent of 2.21 acres at Adaiyur Village, Edappadi Taluk, Salem District, until the disposal of civil suit in O.S.No.106 of 2021 on the file of District Judge, Sankari, Salem District, by considering the petitioner's representation dated 27.09.2024.

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For Petitioner : Mr.M.Arun

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For Respondents : Mr.U.Baranidharan Special Government Pleader [R1 & R2]

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O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus forbearing the first respondent from registering the documents presented for registration touching upon the subject property till the disposal of the suit in O.S.No.106 of 2021 pending on the file of District Judge, Sankari, by considering the representation made by the petitioner on 27.09.2024.

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

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Writ Petition No.4887 of 2025

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Heard Mr.M.Arun, learned counsel for petitioner and

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Mr.U.Baranidharan, learned Special Government Pleader appearing for

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respondents 1 and 2.

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A suit is pending before the competent civil Court. Therefore, if the petitioner wants to prevent any alienation of property, the petitioner has to move an appropriate application before the civil Court and seek for restraint order. When the substantial dispute is before the civil Court, the writ jurisdiction cannot be invoked for the purpose of getting an interim order. Such writ petition can never be entertained and the law on this issue is now too well settled. The power under Article 226 of the Constitution of India is an extraordinary power given to the High Court and it cannot be used for the purpose of getting interim orders pending substantial suit before the civil Court. Hence, it is left open to the petitioner to move the civil Court seeking for restraining the rival parties from dealing with the property. Except giving this liberty, no further orders can be passed in this writ petition.

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

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Writ Petition No.4887 of 2025

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N. ANAND VENKATESH, J.

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This writ petition is disposed of in the above terms. No costs.

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