Sivanayee v. The District Registrar

ORDER This Writ Petition is taken up for final hearing at the time of admission with the consent of the learned counsel for the petitioner and learned Government Standing Counsel for the respondents.

¶2The petitioner has filed this Writ Petition for a Mandamus to direct the second respondent to register the sale deed in Temporary No.TP/285664426/2026 dated 01.07.2026 in respect of Survey No.144/4B to and extent of 42 cents, which is situated at Enathi Village, Thiruppuvanam Taluk, Sivagangai District, by considering the petitioner's representation dated 07.07.2026.

¶3The case of the petitioner is that the land in question originally belonged to the petitioner's grandfather, namely, Irulappan and thereafter, the petitioner's husband, namely, late.Murugan has owned the property through the settlement deed dated 16.08.2010 vide Doc.No.5453 of 2010, executed by the petitioner's father-in-law, namely, Rajendran and the petitioner's sister-in-law, namely, Kaleeshwari, during the lifetime of the petitioner's deceased husband, who died on 07.07.2022.

¶4It is submitted that the petitioner now wants to sell the property to raise money for her elder daughter's marriage and thus, executed a Sale Deed dated

01.07.2026 in respect of which Temporary No.TP/285664426/2026 dated

01.07.2026 has been issued. However, the respondents declined to receive the document for registration. Hence, the petitioner has approached this Court.

¶5Prima facie indications are that the refusal to register the document would be contrary to the law settled by the Hon'ble Supreme Court in K.Gopi vs. the Sub Registrar and others in Civil Appeal No.3954 of 2025 dated

07.04.2025, particularly, in the light of the fact that already the Settlement Deed was executed in favour of the petitioner's husband on 16.08.2010 vide Doc.No. Doc.No.5453 of 2010.

¶6Considering the same, I direct the petitioner to present the documents for registration and the second respondent shall register the said document. Needless to state, the registration will be without prejudice to the rights of the petitioner's father-in-law, sister-in-law and other legal heirs of the petitioner's husband.

¶7This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No

20.07.2026 Internet : Yes / No apd To

¶1The District Registrar, District Registration Office, Sivagangai.

¶2The Sub Registrar, Sub Register Office, Thiruppuvanam, Sivagangai District.

C.SARAVANAN, J.

apd

20.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2026 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN Sivanayee ... Petitioner Vs 1. The District Registrar, District Registration Office, Sivagangai. 2. The Sub Registrar, Sub Register Office, Thiruppuvanam, Sivagangai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents particularly second respondent to register the sale deed in Temporarily No.TP/285664426/2026 dated 01.07.2026 in respect of Survey No.144/4B to and extent of 42 cents which is situated at Enathi Village, Thiruppuvanam Taluk, Sivagangai District by consider petitioner's representation dated 07.07.2026. For petitioner : Mr. A.Uthaya Kumar For respondents : Mr.S.Venkatesh Government Standing Counsel *****