V.Vidhya v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.14154 of 2020 & WMP.No.17616 of 2020 V.Vidhya ... Petitioner Vs.

1. The District Registrar, District Registrar Office, Thirupapuliyur, Cuddalore District 607 001.

2. The Sub-Registrar, Panruti Sub-Registrar Office, Panruti Taluk, Cuddalore District.

3. T.Ganesan .. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the communication of the 1st respondent vide Na.Ka.No.387/AA1/2020, dated 27.01.2020 and the proceedings in Na.Ka.No.78 of 2020 dated 12.2.2020 of the 2nd respondent herein to quash the same as illegal and consequently direct the 1st and 2nd respondents not to entertain any Registration, Transaction in connection with the schedule proeprty, till the disposal of suit in O.S.No.47 of 2005 on the file of the learned Addl. District Court at Cuddalore. For Petitioner : Mr.S.Kingston Jerold For Respondents: Mr.T.M.Pappiah, Spl. Govt. Pleader

O R D E R

This writ Petition is filed challenging the proceedings of the 1st respondent dated 27.1.2020 and the proceedings of the 2nd respondent dated 12.2.2020.

2. It is seen from the records that a suit for partition is pending in O.S.No.47 of 2005. The petitioner is a party in the said suit. The grievance of the petitioner is that during the pendency of the suit, attempts are being made to alienate the https://hcservices.ecourts.gov.in/hcservices/

property. Therefore, a representation was made not to entertain any document for registration. Since the same was rejected, the present Writ Petition has been filed before this Court.

3. Heard Mr. Kingston Jerold, learned counsel appearing for the petitioner and Mr.T.M. Pappiah, learned Special Government Pleader appearing for the respondents.

4. In the considered view of this Court, the petitioner has to seek for an appropriate interim order only before the concerned Civil Court, in which the suit is pending. The petitioner cannot approach this Court under Article 226 of the Constitution of India for the purpose of getting interim order. This Court does not find any merits in the writ petition. Accordingly, the same is dismissed. No costs. Consequently, the connected WMP.No.17616 of 2020 is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar msr To

1. The District Registrar, District Registrar Office, Thirupapuliyur, Cuddalore District 607 001.

2.The Sub-Registrar, Panruti Sub-Registrar Office, Panruti Taluk, Cuddalore District.

3.The Additional District Court Cuddalore District +1 CC to The Government Pleader sr 33858.

WP.No.14154 of 2020 & WMP.No.17616 of 2020 MP(CO) SP(11/12/2020) https://hcservices.ecourts.gov.in/hcservices/