BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition (MD) No.9859 of 2025 T.Saranya …. Petitioner -Vs-

1.The District Registrar Theni, Theni District.

2.The Sub Registrar Theni, Theni District. …. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2^nd respondent to register the gift deed dated 31.01.2025 of Plot Nos.24 and 33 to an extent of 1200 sq.ft and 3180 sq.ft respectively in total 4380 sq.ft comprised in Survey No.1161/2 to an extent of 1 Acre and 68 Cents and Survey No.1163 to an extent of 96 cents total extent of 2 Acres and 71 cents situated at Vadaveeranayakkanpatti Village, Theni Taluk, Theni District and in favour of the petitioner on the strength of the registered sale deed vide Document No. 6723 of 2018 dated 26.09.2018 by considering the petitioner's representation dated

25.02.2025 within the period as stipulated by this Court.

For Petitioner : Mr.V.Karthikraja For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

O R D E R

The petitioner seeks for a direction to the 2^nd respondent to register the gift deed dated 31.01.2025 of Plot Nos.24 and 33 to an extent of 1200 sq.ft and 3180 sq.ft respectively in total 4380 sq.ft comprised in Survey No.1161/2 to an extent of 1 Acre and 68 Cents and Survey No.1163 to an extent of 96 cents total extent of 2 Acres and 71 cents situated at Vadaveeranayakkanpatti Village, Theni Taluk, Theni District and in favour of the petitioner on the strength of the registered sale deed vide Document No. 6723 of 2018 dated 26.09.2018 by considering the petitioner's representation dated

25.02.2025 within the period as stipulated by this Court.

The petitioner states that the property properties situated in Survey No.1161/2 to an extent of 1 Acre and 68 Cents and Survey No.1163 to an extent of 96 cents total extent of 2 Acres and 71 cents situated at Vadaveeranayakkanpatti Village, Theni Taluk, Theni District belong to one K.Sethupathi. The said Sethupathi executed a sale deed in favour of the petitioner's husband Thangapandi on 29.06.2018. The said sale was registered as Document No.6723 of 2018. The properties were allotted Plot Nos.23 and

33.

Subsequent to the purchase of the property by Thangapandi, he mutated the revenue records in his favour. He is in possession and enjoyment of the said property and has also put up a dwelling house, wherein he is residing. The said Thangapandi executed a settlement deed in favour of the petitioner on 31.01.2025. When the same was presented for registration, the 2^nd respondent allegedly refused to register the document on the ground that a civil suit is pending. Hence this writ petition seeking for a mandamus to direct the 2^nd respondent to register the sale deed.

I heard Mr.V.Karthikraja for the petitioner and Mr.R.Suresh Kumar, Additional Government Pleader for the respondents.

Mr.Karthikraja reiterated the contentions as set out in the affidavit. He pleaded that the civil suit is pending with respect to Plot No.34 and not with respect to Plot Nos. 24 and 33, which belongs to the petitioner's husband Thangapadi. He states that mere pendency of the suit will not amount to bar for registration.

Per contra, Mr.Suresh Kumar urges that the property attracts the wrath of Section

22A(2) of the Registration Act, as the property is an unapproved house site.

I have carefully considered the submissions made on both sides and have perused the materials placed before me.

Insofar as the pendency of suit being a bar for registration, the issue has been answered by a Division Bench in MMSJ and NSKJ ....., A view taken by another Single Judge in Subramani Vs .... is that mere pendency of suit does not operate as a bar. Even otherwise, the decree that has been enclosed at Page 23 of the typed set of papers shows that the suit relates to Plot No.34 and not with respect to Plot Nos.24 and 33. Therefore, t