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Madras High CourtWP/20358/2013dismissed

K.Girija v. The District Registrar

2020-07-28Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.20358 of 2013 and M.P. No.1 of 2013 K. Girija ... Petitioner v.

1.The District Registrar, Dharmapuri District, Dharmapuri.

2.The Sub Registrar (West), Weaver's Colony, Dharmapuri Town and Taluk.

3. P.M. Kannappan ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus forbearing the respondents 1 and 2 from registering any document or deeds of 3rd respondent in respect of the lands belongs to S.A. Muniyanantha Chettiyar and his legal representatives. For Petitioners : Mr.Rajadurai for Mr.C.Prabakaran For Respondents : Mr.B. Kannan Government Advocate - for R1 & R2 No Appearance - for R3

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus forbearing the respondents 1 and 2 from registering any document or deeds of the 3rd respondent in respect of the lands belonging to S.A. Muniyanantha Chettiyar and his legal representatives.

2. On a perusal of the materials available on record, it could be seen that the dispute is between the petitioner and the 3rd respondent, viz., P.M. Kannappan. By filing this Writ Petition, the petitioner is seeking to forbear the 3rd https://hcservices.ecourts.gov.in/hcservices/

respondent from registering any document pertaining to the lands belonging to his father, S.A. Muniyanantha Chettiyar. When the dispute is purely a civil in nature, the Writ Petition filed under Article 226 of the Constitution of India, cannot be entertained. Hence, I am not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. However, it is open to the petitioner to approach a competent Civil Court seeking for appropriate relief against the 3rd respondent. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar Rj To 1.The District Registrar, Dharmapuri District, Dharmapuri.

2.The Sub Registrar (West), Weaver's Colony, Dharmapuri Town and Taluk.

+1cc to Mr.Prabhakaran, Advocate SR.No. 25443 +1 cc to Government Pleader Sr.No. 25643 W.P.No.20358 of 2013 and M.P. No.1 of 2013 A.SK(03/08/2020) https://hcservices.ecourts.gov.in/hcservices/