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Dhana Selvaraja Vs The District Registrar — Writ and Judicial Review | Madras HC (2025)

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Madras HC
2025
Dhana Selvaraja Vs The District RegistrarDhana Selvaraja v. The District Registrar

Disposed¶24

Dhana Selvaraja v. The District Registrar

Writ of Mandamus – Alternative remedy – Pending civil suit

Madras HC22 Jul 2025WP(MD)/19996/2025

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court, W.P(MD)No.19996 of 2025, decided 22.07.2025 by S.Srimathy, J. Mandamus refused as remedy for injunction where civil suit pending between parties; petitioner directed to seek interim injunction in the pending suit within eight weeks; interim injunction granted for eight weeks. Concerns objection petition dated 03.07.2025 before Sub Registrar, Kalakadu, regarding Survey No.55/1A, Seevalaperi Village, Nanguneri Taluk, Tirunelveli District; filed under Article 226 of the Constitution of India; alternative remedy / pending suit principle.

What did the court decide?

Writ petition disposed of: petitioner directed to file interim injunction application in the pending suit within eight weeks; interim injunction granted for eight weeks from receipt of copy of order; no order as to costs; connected miscellaneous petition (WMP(MD).No.15394 of 2025) closed.

Why is it important?

Where a suit is pending and the lis is pending between the petitioner and the third respondent, the appropriate remedy is to approach the pending suit and obtain an interim injunction order against the third respondent, and not by way of Mandamus. ¶19

What the court decided

AI extract

Outcome

Writ petition disposed of: petitioner directed to file interim injunction application in the pending suit within eight weeks; interim injunction granted for eight weeks from receipt of copy of order; no order as to costs; connected miscellaneous petition (WMP(MD).No.15394 of 2025) closed.

Issue for consideration

Whether a writ of mandamus lies to obtain an injunction against the third respondent while a suit between the parties is pending before the Court below. +1 more

Court's answer

Where a suit is pending and the lis is pending between the petitioner and the third respondent, the appropriate remedy is to approach the pending suit and obtain an interim injunction order against the third respondent, and not by way of Mandamus.

Ratio / Principle

The petitioner is directed to file an interim injunction application in the pending suit within eight weeks from receipt of a copy of the order, and an order of interim injunction is granted for a period of eight weeks from such receipt.

Detailed headnote1 paragraphs

Writ of Mandamus - Alternative remedy - Pending civil suit - Petitioner sought mandamus directing the Sub Registrar, Kalakadu, to consider his objection petition dated 03.07.2025 and to restrain registration of any document in respect of Survey No.55/1A, measuring 0.5560 hectares, Seevalaperi Village, Nanguneri Taluk, Tirunelveli District, thereby effectively seeking an injunction against the third respondent. Held (S.Srimathy, J.): where a suit is pending and the lis is pending between the petitioner and the third respondent, the appropriate remedy is to approach the pending suit and obtain an interim injunction, not a writ of Mandamus. Petitioner directed to file an interim injunction application in the suit within eight weeks; interim injunction granted for eight weeks from receipt of copy of order. Writ petition disposed of; no order as to costs; connected miscellaneous petition closed.

A

W.P(MD)No.19996 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED :22.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.19996 of 2025 and WMP(MD).No.15394 of 2025

Dhana Selvaraja ... Petitioner

The District Registrar, District Register Office Tirunelveli District.

The Sub Registrar, Sub Registrar Office, Kalakadu, Tirunelveli District.

C.Parthiban

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2^nd respondent to consider petitioner's objection petition dated 03.07.2025 and to restrain from registering any document in respect of the property Survey No.55/1A, measuring 0.5560 hectares, situated in Seevalaperi Village, Nanguneri Taluk, Tirunelveli District.

For Petitioner : Mr.S.Ramasamy For R1 and R2 : Mr.G.Suriya Ananth Additional Government Pleader

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

1/4

W.P(MD)No.19996 of 2025

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the 2 nd respondent to consider petitioner's objection petition dated 03.07.2025.

2. By way of Mandamus, the petitioner is seeking an injunction order against the third respondent. Admittedly, a suit is pending before the Court below. When the suit is pending and the lis is pending between the petitioner and the third respondent, then the appropriate remedy to the petitioner is to approach the pending suit and obtain an interim injunction order against the third respondent and not by way of Mandamus.

3. However, the petitioner is directed to file an interim injunction application in the suit within a period of eight weeks from the date of receipt of a copy of this order. There shall be an order of interim injunction for a period of eight weeks from the date of receipt of a copy of this order.

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

2/4

W.P(MD)No.19996 of 2025

4. With the above observations, this Writ Petition is disposed of.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.07.2025

NCC : Yes / No Index : Yes / No Internet : Yes

KSA

To

The District Registrar, District Register Office Tirunelveli District.

The Sub Registrar, Sub Registrar Office, Kalakadu, Tirunelveli District.

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

3/4

W.P(MD)No.19996 of 2025

S.SRIMATHY, J.

KSA

ORDER MADE IN W.P(MD)No.19996 of 2025

DATED :22.07.2025

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

4/4

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a writ of mandamus lies to obtain an injunction against the third respondent while a suit between the parties is pending before the Court below.¶19
The court held
Where a suit is pending and the lis is pending between the petitioner and the third respondent, the appropriate remedy is to approach the pending suit and obtain an interim injunction order against the third respondent, and not by way of Mandamus.ratio¶19
2.
Whether the 2nd respondent should be directed to consider the petitioner's objection petition dated 03.07.2025 and restrained from registering documents in respect of Survey No.55/1A, Seevalaperi Village.¶12
The court held
The petitioner is directed to file an interim injunction application in the pending suit within eight weeks from receipt of a copy of the order, and an order of interim injunction is granted for a period of eight weeks from such receipt.ratio¶20

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶12

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner filed an objection petition dated 03.07.2025 before the 2nd respondent (Sub Registrar); consideration of that objection petition is sought through the present mandamus.¶18
Prior proceeding
A civil suit is pending before the Court below between the petitioner and the third respondent.¶19

Parties & counsel

AI extract

petitioner
Dhana Selvaraja¶7
Mr.S.Ramasamy
respondent
The District Registrar, District Register Office Tirunelveli District¶8
Mr.G.Suriya Ananth
respondent
The Sub Registrar, Sub Registrar Office, Kalakadu, Tirunelveli District¶9
Mr.G.Suriya Ananth
respondent
C.Parthiban¶10

Coram

AI extract

S.SRIMATHYauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 22 Jul 2025 · July
Registered: 21 Jul 2025
Case no.: WP(MD)/19996/2025
CNR: HCMD010879592025
Topic: Writ and Judicial Review
Bench: S.srimathy
Disposal: DISPOSED OF
Case type: W.P(MD)

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Cite this judgement

Dhana Selvaraja v. The District Registrar, WP(MD)/19996/2025 (MAD), decided on 22 July 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history2

Petitioner filed an objection petition dated 03.07.2025 before the 2nd respondent (Sub Registrar); consideration of that objection petition is sought through the present mandamus.
A civil suit is pending before the Court below between the petitioner and the third respondent.

View full history

Bench / Coram

S.SRIMATHY

Parties & counsel