Periya Gounder v. The Sub- Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.10926 of 2020 Mr.Periya Gounder ... Petitioner Vs.

1. The Sub-Registrar, Omalur, Salem District.

2. Mr.C.Prakasam ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, to direct the first respondent to consider petitioner representation dated 18.02.2020.

For Petitioner : M/s. B.Nedunchezhiyan For Respondents : Mr.T.M.Pappiah, Special Government Pleader

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first respondent to consider the representation made by the petitioner on 18.02.2020, wherein the petitioner had requested the first respondent not to register any document submitted by the second respondent till the disposal of the suit in O.S.No.10 of 2020.

2. Heard Mr.Nedunchezhiyan, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader, for the respondents.

3. The relief claimed by the petitioner cannot be granted by this Court and the petitioner will have to necessarily work out his remedy in the pending suit in O.S.No.10 of 2020. If any attempt is made by the second respondent to encumber the property, the petitioner must file appropriate application in the pending suit and the jurisdiction of this Court under Article 226 of the Constitution of India cannot be utilised for the purpose of getting an interim order.

https://hcservices.ecourts.gov.in/hcservices/

4. Except giving such liberty to the petitioner, no further orders can be passed in this Writ Petition. Accordingly, this writ petition is disposed of. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To The Sub-Registrar, Omalur, Salem District.

+1cc to the Government Pleader in SR.28513 W.P.No.10926 of 2020 RLD(CO) RV(17/09/2020) https://hcservices.ecourts.gov.in/hcservices/