Madras High CourtWP/6692/2024dismissed

N.Renuka v. The District Registrar

2024-03-13Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.6692 of 2024 and W.M.P. No.7483 of 2024 N.Renuka ... Petitioner Vs.

1. The District Registrar Registration Department Krishnagiri District, Krishnagiri

2. The Sub Registrar Registration Department Shoolagiri, Shoolagiri Taluk Krishnagiri District

3. Gowramma

4. Theerthagiri

5. V.Matheesan

6. D.Muniraj

7. C.Ramesh

8. Umaram

9. Nagapushanam 10.D.Muthukumaran 11.Jayammalini @ Jayammal 12.Dhanalakshmi 13.Priyanka 14.Sivakumar 15.Manjula 16.Yuvarani 17.Boopathi ... Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the 2nd respondent from registering any document in so far relate to land situated in S.No.2/3 (Patta No.561), Thiyaga Rasanapalli Village, Shoolagiri Taluk, Krishnagiri District and S.No.356/1B, Marudhandapalli Village, Shoolagiri Taluk, Krishnagiri District.

For Petitioner : Mr.C.Prakasam For R1 and R2 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus forbearing the 2nd respondent from registering any document in respect of the land situated in S.No.2/3 (Patta No.561), Thiyaga Rasanapalli Village, Shoolagiri Taluk, Krishnagiri District and S.No.356/1B, Marudhandapalli Village, Shoolagiri Taluk, Krishnagiri District.

2. The case of the petitioner is that the petitioner's father owned the above said property which is an ancestral property. After the demise of the petitioner's father, the petitioner requested his mother, brother and sister to give his share in the said property. But they attempted to alienate the said land without the knowledge of the petitioner. Hence, the petitioner filed a suit in O.S.No.347 of 2022 on the file of the Sub Court, Hosur, for partition and the same is pending. Meanwhile, the petitioner's mother, brother and 2/6

sister attempted to remove the petitioner's name from the revenue records and in legal heir certificate and also made arrangements to include a third party names in the Patta with the help of revenue officials. Hence, the petitioner made a representation to the respondents on 05.06.2022, requesting not to remove his name and to remove unknown person's name in the joint Patta No.2860. Subsequently, he also made representations on 04.05.2023 and 08.02.2024, requesting the 2nd respondent not to register any document in respect of the said land. However, so far, no order has been passed. Hence the present Writ Petition is filed.

3. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents 1 and 2. Since no adverse order is being passed against the respondent 3 to 17, notice to the respondents 3 to 17 is dispensed with.

4. It is seen that the petitioner has already filed a civil suit for partition and the same is pending. The petitioner can very well get his remedy before the Civil Court itself.

5. Since the petitioner has already exercised an alternative efficacious remedy, this Writ Petition is not maintainable. 3/6

6. Accordingly, this Writ Petition is dismissed at the admission stage itself. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

13.03.2024 ksa-2 Index : Yes / No 4/6

1. The District Registrar Registration Department Krishnagiri District, Krishnagiri

2. The Sub Registrar Registration Department Shoolagiri, Shoolagiri Taluk Krishnagiri District 5/6

P.VELMURUGAN. J.

Ksa-2 W.P.6692 of 2024 13.03.2024 6/6