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Madras High CourtWP/1066/2018dismissed

Mrs.D.Suganthi, v. The Sub Registrar,

2018-01-18Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.1066 of 2018 Mrs.D.Suganthi W/o.S.Dandapani .. Petitioner Vs.

1.The Sub Registrar Sub Registrar Office Thiruvarur - 610 001.

2.Mr.Mohabeerbal Proprietor M/s.J.M.Associates J.M.Marriage Hall 440/4, Mayiladuthurai Main Road Senthamangalam Thiruvarur - 610 001.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider and dispose petitioner representation dated 14.12.2017 on the file of the 1st respondent. For Petitioner : Mr.R.Sethuvarayar For Respondents : Mr.D.Suriya Narayanan Additional Government Pleader for R1

O R D E R

The petitioner seeks for a mandamus directing the first respondent to dispose of her representation dated 14.12.2017, wherein and whereby, she made a request to the first respondent, not to register any sale deed, presented by the second respondent or his buyer in respect of the property, admittedly, owned by the second respondent.

2. The reason for giving such representation before the first respondent is that the petitioner was working at the second respondent's Marriage Hall and there is a dispute with regard to the payment of salary to the petitioner, which, according to the petitioner, has culminated into passing an award by the competent forum and in the meantime, the second https://hcservices.ecourts.gov.in/hcservices/

respondent is trying to sell the property, thereby preventing the petitioner from realizing the fruits of the award.

3. I do not think that based on the above reason, the petitioner could make the representation before the first respondent and prevent the officials from registering a document presented by the second respondent or his buyer, when admittedly, there is no legal impediment for the second respondent against the said property to convey the same to some third party. If the petitioner has any grievance against the second respondent in realizing the award amount, it is for her to resort to other proceedings known to law, and, at any event, not by way of making such representation. Hence, this writ petition is dismissed, without expressing any view on the claim made by the petitioner against the second respondent, by granting her liberty to work out before appropriate forum, by filing appropriate application in a manner known to law. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.The Sub Registrar Sub Registrar Office Thiruvarur - 610 001.

+1cc to the Government Pleader, S.R.No.4108 W.P.No.1066 of 2018 SR(CO) RRK(05/02/2018) https://hcservices.ecourts.gov.in/hcservices/