Sakila v. The District Registrar (Registration Department),

ORDER

This writ petition is filed in the nature of a mandamus directing the 1 and 2 respondents not to register any document or any other instrument of alienation or encumbrance in respect of the properties of the petitioner bearing survey Nos.5/1A, 5/1B, 5/1C, 14/2A1, 14/2A3, 36/1, 36/6, 37/1A, 38/1A, 38/1B, 38/2A, 38/2B, 38/3A, 38/3B, 38/4, 38/5A, 38/5B, 38/5C, 38/7B, 38/7D, 38/7E, 38/7F, 38/7G, 39/1A, 39/1B, 39/1C, 39/1D, 39/1E, 39/1F, 39/3, 39/4, 42/3A, 42/3B, 50/4A, 50/4A, 50/4C, 50/4D, 1270/1, 1270/2, 1270/3, 1271/2A, 1271/2B, 1271/2C, 1272/2, 1272/3A, 1272/3B, 1272/3C, 1272/3D, 1272/3E, 1272/3F, 1275/1, 1275/2, 1275/3, 1276/3, situated in Viralipatti village, Nilakotai taluk, Dindigul district.

¶2Upon hearing the learned counsel for the petitioner and considering the representation of the petitioner, it is the case of the petitioner that when the private respondents, namely, Mayandi and Kavitha have entered into an Memorandum of Understanding and when it clearly prohibits any transfer in violation of the same, the said Mayandi and Kavitha are attempting to alienate the property. This apart, in a connected matter, when this Court granted anticipatory bail to one Tamil Selvi, it was granted only on the condition that the title deeds should be deposited before the concerned Court. Even with reference to the other accused, the anticipatory bail application is pending. In view thereof, when the petitioner has given an objection categorically bringing the same to the notice of the Sub-Registrar, the Sub-Registrar should not permit any registration of the property.

¶3I have also heard the learned Additional Government Pleader appearing on behalf of the Respondents 1 and 2.

¶4Upon considering the submissions made by the learned counsel for the petitioner, it can be seen that the petitioner can have a grievance with reference to the alienation of the property, as the petitioner has entered into a Memorandum of Understanding. But for this Court to exercise the jurisdiction under Article 226 and to direct the Sub-Registrar not to register the property, there must be an enabling provision in law. Therefore, it would be very well open to the petitioner to approach the competent Civil Court and obtain an order of injunction as against the said Mayandi and Kavitha.

¶5In the absence of the same, the writ petition with the above prayer cannot be entertained by this Court. Therefore, keeping open the liberty of the petitioner to approach the competent Civil Court or even if the alienation is done in violation of any other order of any other Court, to bring the notice of the same Court, this writ petition is disposed of. No Costs.

04.03.2026 NCC:Yes/No TTA To

¶1The District Registrar (Registration Department), Dindigul District, Dindigul.

¶2The Sub Registrar,, Sub Registrar Office, Batlagundu, Dindigul District. D.BHARATHA CHAKRAVARTHY,J tta ORDER IN WP(MD) No.5666 of 2026 Date : 04/03/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/03/2026 CORAM THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Sakila, ... Petitioner Vs 1. The District Registrar (Registration Department), Dindigul District, Dindigul. 2. The Sub Registrar,, Sub Registrar Office, Batlagundu, Dindigul District. 3. C.Mayandi,, S/o.Chinnathevar, 4. P.Kavitha,, W/o.Prabhu, ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 1st and 2nd respondents not to register any document or any other instrument of alienation or encumbrance in respect of the properties of the Petitioner bearing S.Nos.5/1A, 5/1B, 5/1C, 14/2A1, 14/2A3, 36/1, 36/6, 37/1A, 38/1A, 38/1B, 38/2A, 38/2B, 38/3A, 38/3B, 38/4, 38/5A, 38/5B, 38/5C, 38/7B, 38/7D, 38/7E, 38/7F, 38/7G, 39/1A, 39/1B, 39/1C, 39/1D, 39/1E, 39/1F, 39/3, 39/4, 42/3A, 42/3B, 50/4A, 50/4A, 50/4C, 50/4D, 1270/1, 1270/2, 1270/3, 1271/2A, 1271/2B, 1271/2C, 1272/2, 1272/3A, 1272/3B, 1272/3C, 1272/3D, 1272/3E, 1272/3F, 1275/1, 1275/2, 1275/3, 1276/3 situated at Viralipatti Village, Nilakottai Taluk, Dindigul District by considering the petitioner's representation dated 19.02.2026. For Petitioner : Mr.K.Samidurai, For R1 and R2 : Mr.A.Baskaran, Additional Government Pleader