S.Ganesh Babu v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Ganesh Babu .. Appellant Vs 1.The District Registrar, Office of the District Registrar, Neriperichal, Tirupur-641 602.

2.The Joint-II Sub Registrar, Office of the Joint Sub Registrar, Combined Sub Registrar Office Complex, Neriperichal, Tiruur-641 602.

3.The Executive Officer, Arulmigu Vishwara Swamy and Veeraahava Perumal Thirukovil, Hindu Religious & Charitable Endowments, Tirupur-641 604.

.. Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 11.8.2022 passed in W.P.No.15717 of 2022.

For the Appellant : Mr.R.K.Arjun Raj For the Respondents : Mr.K.Karthick Jeganath Government Advocate for respondents 1 and 2

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.R.K.Arjun Raj, learned counsel for the appellant, and Mr.K.Karthick Jeganath, learned Government Advocate for respondents 1 and 2.

2. The appellant assails the order passed by the learned Single Judge.

3. The learned counsel for the appellant submits that respondent No.3 does not possess any document to even remotely suggest that the writ land was given to Dhashi. The registering authority illegally refused to register the document presented by the appellant.

4. The learned Single Judge has kept the doors of the appellant open by directing him to approach the civil court and further observed that if suit is filed by the appellant, the civil court shall consider the same and pass orders without being influenced by any of the observations made in the impugned order. Further directions are given to the second respondent therein to keep the document pending disposal of the suit enabling the appellant to proceed with the same after succeeding in the suit.

5. The dispute qua the title can be effectively decided by the civil court.

6. In view of that, the writ appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.No.11118 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 27.06.2023 Index : Yes/No bbr

To 1.The District Registrar, Office of the District Registrar, Neriperichal, Tirupur-641 602.

2.The Joint-II Sub Registrar, Office of the Joint Sub Registrar, Combined Sub Registrar Office Complex, Neriperichal, Tiruur-641 602.

3.The Executive Officer, Arulmigu Vishwara Swamy and Veeraahava Perumal Thirukovil, Hindu Religious & Charitable Endowments, Tirupur-641 604.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr 27.06.2023