R.Hema v. The Inspector General of Registration

ORDER This writ petition is filed to direct the third respondent to consider the petitioner's representation dated 17.02.2023.

¶2Learned counsel for the petitioner would submit that the subject properties measuring an extent of 3.43.00 hectares, situated in Sorakulathur Village, Thiruvannamalai Taluk and District were settled in favour of petitioner's husband, which was a self-acquired property of petitioner's father in law and mother in law. Thereafter, in the year 2020, the subject properties were settled in favour of petitioner, by way of settlement deed dated 02.09.2020. Under these circumstances, the fifth respondent, who is the sister of petitioner's husband, filed a suit for partition in O.S.No.136 of 2020 before the Additional District Judge, Thiruvannamalai, claiming the aforesaid properties as ancestral properties and seeking share on the same. In the said suit, the trial Court passed a preliminary decree on 22.11.2022. Challenging the same, the petitioner's husband preferred an appeal in A.S.No.50 of 2023, before this Court and the same was allowed on 28.07.2025 by setting aside the preliminary decree passed in O.S.No.136 of 2020.

¶3Learned counsel appearing for the fifth respondent would submit that the fifth respondent is not aware of the order passed in A.S.No.50 of 2021 dated Page3 of 4

28.07.2025. Therefore, this Court may grant liberty to the fifth respondent to file an appeal against the order dated 28.07.2025.

¶4Heard the learned counsel on either side and perused the materials available on record.

¶5In view of the above facts, it is clear that subsequent to filing of this petition, this Court passed an order dated 28.07.2025 in A.S.No.50 of 2023 by setting aside the preliminary decree passed in O.S.No.136 of 2020. In such case, the petitioner may produce the order copy before the third respondent to neutralize the entries made in encumbrance certificate. Therefore, no further order is necessary in this writ petition for further adjudication. It is upto the fifth respondent to file an appeal against the order dated 28.07.2025, passed in A.S.No.50 of 2023. With the aforesaid direction, this writ petition stands disposed of. No costs. 25-03-2026 Index: Yes/No Speaking/Non-speaking order VM Page4 of 4

KRISHNAN RAMASAMY, J. VM

¶1The Inspector General of Registration, Registration Department, 100, Santhome High Road, Chennai-28.

¶2The Deputy Inspector General of Registration, Veppamara Street, Velappadi, Vellore-01.

¶3The District Registrar (Administration), Registration Department, Thiruvannamalai, Thiruvannamalai-606 601.

¶4The Sub Registrar, Registration Department, Kalasapakkam, Thiruvannamalai District. 25-03-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY R.Hema ..Petitioner(s) Vs 1. The Inspector General of Registration, Registration Department, 100, Santhome High Road, Chennai-28. 2. The Deputy Inspector General of Registration, Veppamara Street, Velappadi, Vellore-01. 3. The District Registrar (Administration) Registration Department, Thiruvannamalai, Thiruvannamalai-606 601. 4. The Sub Registrar, Registration Department, Kalasapakkam, Thiruvannamalai District. 5. Banumathi ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 17.02.2023 and consequently to hold enquiry and reverse the encumbrance vide Document No.1/2023 registered on 03.01.2023 by the 4th respondent in favour of the 5th respondent. For Petitioner(s): Mr.N.Elumalai For Respondent(s): Ms.K.Aswini Devi, AGP for R1 to 4 Ms.D.Chitra Maragatham for R5 Page2 of 4