Lokesh Reddy v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP. No. 4967 of 2019 Lokesh Reddy ..Petitioner Vs.

1.The District Registrar Krishnagiri District Krishnagiri.

2.Sub-Registrar Hosur, Krishnagiri District Krishnagiri.

3.Rajappa .. Respondents (impleaded vide Court order dated 19.07.2019 in W.M.P. No. 20550 of 2019) Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to release the Doc.No.R/Hosur/Book1/9435/2018 in receipt No.19251/2018 dated 06.06.2018 based on the Petitioner representation dated 09.08.2018. For Petitioner : M/s. S.Sowmiya For Respondents : Mr. T.M.Pappiah Special Government Pleader (for R1 & R2)

O R D E R

The Writ Petition has been filed for direction to the First and Second Respondents to release document No. R/Hosur/Book-1/ 9435/2018 dated 06.06.2018 presented by him for registration based on the representation dated 09.08.2018. 2.

Learned Counsel for the Petitioner, on instructions, states that the document presented by the Petitioner to Registering Authority has been registered and released to him and as such, the relief sought in the Writ Petition has become infructuous. In those circumstances, he seeks permission of this Court to

withdraw the Writ Petition and he has made an endorsement to that effect, which is recorded.

3.

Learned Counsel for the Third Respondent complains that the document presented by the Petitioner ought not to have been registered by the First and Second Respondent and he reserves the right to approach the jurisdictional Civil Court invoking Section 31 of the Specific Relief Act, 1963, for that purpose. 4.

Accordingly, the Writ Petition is dismissed as withdrawn. It is made clear that no view has been expressed by this Court on the correctness or entitlement of the rights of either the Petitioner or the Third Respondent in respect of the property and in the event of any inter se litigation arising between them in this regard, the same shall be adjudicated by the concerned forum uninfluenced and uninhibited by any of the observations made in this order on merits and in accordance with law. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The District Registrar Krishnagiri District Krishnagiri.

2.Sub-Registrar Hosur, Krishnagiri District Krishnagiri.

+1cc to Government Pleader sr.62405 +1cc to M/s.M.Selvam, Advocate sr.62054 WP. No. 4967 of 2019 sj(co) nr 30/08/2019