Elami v Vs The District Registrar

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondent No.2 not to create any encumbrance in respect of the lands in R.S.No.341/1A1 UDR S.No.38/1A1, R.S.No.345/4A6 UDR S.No.40/13 and R.S.No. 345/4A4 UDR S.No.40/4A4 at Kallanthiri 2nd Bit Village, North Taluk, Madurai, without conducting any enquiry on the objection petition made by the petitioner in Doc.No.PP/Kathakkinaru/1/2026 by considering the representation dated 06.01.2026.

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For Petitioner : Mr.K.Dinesh For Respondents : Mr.M.Lingadurai, Special Government Pleader

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

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W.P.(MD) No.1263 of 2026

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O R D E R

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This Writ Petition has been filed forbearing the second respondent

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from creating any encumbrance in respect of the lands comprised in R.S.No.341/1A1 (UDR S.No.38/1A1), R.S.No.345/4A6 (UDR S.No. 40/13) and R.S.No.345/4A4 (UDR S.No.40/4A4) situated at Kallanthiri 2nd Bit Village, Madurai North Taluk, without conducting any enquiry on the objection petition made by the petitioner in Doc.No.PP/Kathakkinaru/1/2026 by considering the petitioner’s representation dated 06.01.2026.

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The petitioner is in possession and enjoyment of the subject

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property. However, certain third parties have raised objections to the petitioner’s rights over the said lands. Having no other efficacious remedy, the petitioner filed a civil suit in O.S.No.255 of 2025 on the file of the V Additional District Munsif Court, Madurai. The summons were duly served on the respective parties and most of the defendants in the said suit, including the second respondent, have turned exparte and the said suit was posted on 27.01.2026 for further adjudication. During the pendency of the said suit, some third parties attempted to create encumbrance over the subject property. Thereafter, the petitioner

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

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W.P.(MD) No.1263 of 2026

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submitted an objection petition before the second respondent requesting not to register any document in respect of the said lands. However, the same has not been considered till date.

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The learned Special Government Pleader appearing for the respondents submitted that the petitioner’s objection petition would be considered in the event any sale deed is presented for registration.

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Considering the submissions made on either side, this Court directs the second respondent to consider the petitioner’s objections, taking note of the pendency of O.S.No.255 of 2025 in which the second respondent remained exparte, in the event any document is presented for registration in respect of the subject property, after issuing due notice to the parties concerned and to pass appropriate orders on merits and in accordance with law, as expeditiously as possible.

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