Hemamalini v. The District Registration Office

ORDER This writ petition has been filed to direct the second respondent to record in the encumbrance certificate for the property morefully described in the prayer to this writ petition, the residential order passed in petitioner's favour by the learned XVII Metropolitan Magistrate, Saidapet, Chennai – 600 015 in its order dated 04.06.2025 in D.V.C. No.51 of 2024.

¶2According to the petitioner, she is residing at No.20/9, Sri Lakshmi Home, Veerapandi Nagar, 2nd Street, Choolaimedu, Chennai. She has a matrimonial dispute with her husband, Mr. M.S. Gopinath. The petitioner has given a complaint under the Domestic Violence Act against her husband, Mr. M.S. Gopinath, which resulted in the passing of the order dated 04.06.2025 in favour of the petitioner in D.V.C. No.51 of 2024 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai – 600 015.

¶3In the said order, a direction has been issued to the Sub Registrar concerned to take note of the fact that Mr. M.S. Gopinath has been restrained from alienating or encumbering the property by recording the same in the encumbrance certificate to prevent any further alienation.

¶4The grievance of the petitioner is that despite the representation having been given to the respondents to record the order of the learned XVII Metropolitan Magistrate, Saidapet, Chennai – 600 015 dated 04.06.2025, till date, the same has not been recorded in the encumbrance certificate. Only under those circumstances, this writ petition has been filed.

¶5Mr. P. Harish, learned Government Advocate accepts notice on behalf of the respondents. On instructions, he would submit that since the survey number is not reflected in the order dated 04.06.2025 passed by the learned XVII Metropolitan Magistrate, Saidapet, Chennai – 600 015 in petitioner's favour, there is a difficulty for the respondents to record the said encumbrance in their records.

¶6The learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to produce additional documents before the respondents to prove that the property bearing Door No.20/9, Sri Lakshmi Home, Veerapandi Nagar, 2nd Street, Choolaimedu, Chennai is absolutely owned by the petitioner's husband, Mr. M.S. Gopinath.

¶7After hearing the rival submissions, this Court directs the petitioner to produce the additional supporting documents to the second respondent to prove that the property bearing Door No.20/9, Sri Lakshmi Home, Veerapandi Nagar, 2nd Street, Choolaimedu, Chennai was absolutely owned by Mr. M.S. Gopinath to enable the respondents to record the order dated 04.06.2025 passed by the learned XVII Metropolitan Magistrate, Saidapet, Chennai – 600 015 within a period of two weeks from the date of receipt of a copy of this order. On receipt of the supporting documents, the second respondent after satisfying itself that the subject property is owned by Mr. M.S. Gopinath, shall record the same in their records so as to prevent further alienation of the property as directed by the Criminal Court viz., the learned XVII Metropolitan Magistrate, Saidapet, Chennai – 600 015 in its order dated 04.06.2025 passed in D.V.C. No.51 of 2024. The second respondent shall pass final orders on merits and in accordance within a period of two weeks from the date of receipt of the additional supporting documents from the petitioner.

¶8Accordingly, this writ petition is disposed of. No Costs. 02-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To

1.The District Registration office Chennai

2.The Sub Registrar of Kodambakkam Sub registrar office Kodambakkam chennai-600 024 ABDUL QUDDHOSE J. ab

02-03-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-03-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE 1. Hemamalini W/O.M.S.Gopinath No.20/9, Sri Lakshmi Homes Veerapandian Nagar, 2nd street Choolaimedu Chennai-94 Petitioner(s) Vs 1. The District Registration office Chennai 2.The Sub Registrar of Kodambakkam Sub registrar office Kodambakkam chennai-600 024 Respondent(s) PRAYER Directing the 2nd respondent to consider the representation dated 24.7.2025 and 8.1.2026 of the petitioner in pursuant to the order dated 4.6.2025 in DVC 51/2024 of the XVII Metropolitan Magistrate, Saidapet, Chennai-600 015 and make a correspondeing entry in the encumbrance certificate to prevent alienation of the property at No.20/9 Sri Lakshmi Home, Veerapandinagar 2nd street, choolaimedu, chennai. For Petitioner(s): N.Devi For Respondent: Mr. P. Harish Government Advocate