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Madras High CourtWP/26791/2010dismissed

V.K.Sundara Raman v. The Sub Registrar

2019-08-02Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.26791 of 2010 & M.P.No.1 of 2011 V.K.Sundara Raman

...Petitioner

-VsThe Sub-Registrar, Pammal Registrar's Office, Pammal, Chennai - 600 075.

Tambaram Taluk, Kancheepuram District.

...Respondent

Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondent to release the pending document No.57/2009, dated 11.11.2009 on the basis of the petitioner's representation by way of legal notice dated 19.06.2010.

For Petitioner : Mr.R.Thanjan For Respondent : Mr.P.P.Purushothaman Government Advocate

O R D E R

Heard Mr.R.Thanjan, learned counsel for the petitioner; Mr.P.P.Purushothaman, learned Government Advocate for the respondent and perused the materials placed on record.

2. The prayer in the Writ Petition is to issue a Writ of Mandamus, directing the respondent to release the pending document No.57/2009, dated 11.11.2009, based on the petitioner's representation, by way of legal notice dated 19.06.2010.

3. Mr.P.P.Purushothaman, learned Government Advocate for the respondent would submit that in respect of same property, a civil suit in O.S.No.794 of 2004 is pending before the District Munsif Court, Alandur and in I.A.No.2017 of 2004, an interim injunction has been granted. It is further submitted that the property belongs to Arulmigu Agastheeswarar Temple, Pozhichalur. The suit was filed by one K.Shanmugavel, claiming to be a https://hcservices.ecourts.gov.in/hcservices/

Hereditary Trustee of Arulmigu Agastheeswarar Temple, Pozhichalur. In the plaint, it has been averred that the property in Survey No.210/2 belongs to Arulmigu Agastheeswarar Temple.

4. Considering the above facts, this Court is of the opinion that the petitioner is not entitled for the relief sought for in the Writ Petition. Accordingly, the Writ Petition is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

rns Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To The Sub-Registrar, Pammal Registrar's Office, Pammal, Chennai - 600 075.

Tambaram Taluk, Kancheepuram District.

+1cc to Mr.R.Thanjan, Advocate, SR.No.66678 +1cc to the Govt.Pleader, Vide Sr.No.67106 W.P.No.26791 of 2010 & M.P.No.1 of 2011 Kak(18/09/2019) https://hcservices.ecourts.gov.in/hcservices/