S.Manjubargavi v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2776 of 2020 and W.M.P. No. 3224 of 2020 S. Manjubargavi ... Petitioner -vs1. The Inspector General of Registration, Registration Department, Santhome, Chennai - 600 004.

2. The District Registrar, Dharmapuri, Dharmapuri District.

3. The Sub Registrar, Marandahalli, Dharmapuri District.

4. Shanthi

5. Pavithran

6. M. Paneerselvam ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First to Third Respondents not to register any kind of deed in respect of the properties situated Survey No. 212/15, 42/1, Marandahalli Village, School Street (Panchappalli Main Road), No. 1, Marandahalli Town, Palacode Taluk, Dharmapuri District totally to an extent of 0.08 sq.m. and Survey No. 75/1L, Marandahalli Village, Palacode Taluk, Dharmapuri District totally to an extent of 1800 sq.ft. of vacant land, pending disposal of the suit in O.S. No. 71/2019 on the file of Learned Sub Court, Palacode pursuant to the Petitioner's representation dated 11.01.2020.

For Petitioner :

Mr. B. Sundarapandiyan For Respondents:

Mr. T.M. Pappiah, Special Government Pleader (for R1 to R3) 1/3

O R D E R

The Writ Petition has been filed for directing the First to Third Respondents not to register any kind of deed in respect of the properties situated Survey No. 212/15, 42/1, Marandahalli Village, School Street (Panchappalli Main Road), No. 1, Marandahalli Town, Palacode Taluk, Dharmapuri District totally to an extent of 0.08 sq.m. and Survey No. 75/1L, Marandahalli Village, Palacode Taluk, Dharmapuri District totally to an extent of 1800 sq.ft. of vacant land, pending disposal of the suit in O.S. No. 71/2019 on the file of Learned Sub Court, Palacode pursuant to the Petitioner's representation dated 11.01.2020.

2.

When it is pointed out that the Petitioner can file application in the aforesaid suit to implead the concerned Registering Authority and seek restraint of any alienation of that property without the prior permission of the Court as required under Section 52 of the Transfer of Property Act, 1882, during its pendency, instead of prosecuting the Writ Petition for such purpose, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Inspector General of Registration, Registration Department, Santhome, Chennai - 600 004.

2/3

2. The District Registrar, Dharmapuri, Dharmapuri District.

3. The Sub Registrar, Marandahalli, Dharmapuri District.

+1cc to Government Pleader SR.NO. 10378 +1cc to Mr. B. Sundarapandiyan, Advocate sr.9381 W.P. No. 2776 of 2020 mg(co) nr 20/02/2020 3/3