P.Veeraraghavalu Chetty v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 20662 of 2019 and W.M.P.No. 19847 of 2019 P.Veeraraghavalu Chetty Private Family Charitable, Religious and Educational Trust, Represented by its Managing Trustee, P. Varun Kumar, Off No.55 (Old No.27), New Street, Mannady P.O., Chennai - 600 001.

... Petitioner Vs.

1. The Sub Registrar No.3, S.P.Koil Street, Aarani - 601 101, Uttukottai Taluk, Thiruvellore District.

2. The Inspector General of Registration Mylapore, Chennai - 4.

... Respondents Petitions filed under Article 226 of the Constitution of India, praying to issue Writs of Mandamus, directing the First Respondent not to register the schedule mentioned lands at Panapakkam Village, Thiruvellore District given in the Annexure. Schedule:- Tiruvellore District, Uttukottai Taluk, Ellapuram Block, Panapakkam Village No.166 Patta No.

Survey No/Letter No.

Extent (Acre-Cent) 5/2B/2A2 2.10 2.99 5/3 0.42 15/3 0.54 15/5 0.35 7/2A-1 0.03

7/2A-3 1.00 5/2B-2A1 0.39 8/2 0.60 8/1 1.27 7/1 0.10 15/1 0.03.1/2 2/2B 22/4 21/2 0.90 0.52 0.15 1.33 27/1 0.63 1.30 27/3B(Old.Sy.No.27/3) 0.60 25/3 0.91 25/4 0.71 Total 16.87 For Petitioner : M/s. S.Shyamala (in all W.Ps) For Respondents : Mr. T.M. Pappiah (in all W.Ps) Special Government Pleader

O R D E R

Learned Counsel for the Petitioner states that a suit in C.S. No. 660 of 2015 under Section 92 of the Code of Civil Procedure, 1908, has been instituted in the Original Side of this Court for framing a scheme for the proper management and administration of the properties and charities of the Petitioner, viz., P. Veeraraghavalu Chetty Private Family Charitable, Religious and Educational Trust by appointment of Trustees from among the descendants of the deceased P. Veeraraghavalu Chetty and other incidental reliefs. It is further contended that an order dated 28.04.2018 in Application No. 5389 of 2015 has been passed in that suit authorizing some of the parties to the said suit to do all acts as necessary for proper administration and management of the Trust till a scheme decree is framed.

The complaint of the Petitioner in this Writ Petition is that persons who have no authority to deal with the property of the Petitioner are selling it by misrepresenting as if it was their own property and in order to protect the interests of the Trust, the Petitioner has sought for a direction to the First Respondent not to register certain properties claimed to be belonging to the Petitioner.

2.

When it is pointed out that the Petitioner could make an application by impleading all necessary parties in the aforesaid suit which is pending in the Original Side of this Court for the relief that has been sought in the Writ Petition, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and she has made an endorsement to that effect, which is recorded.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar maya/gsa To

1. The Sub Registrar No.3, S.P.Koil Street, Aarani - 601 101, Uttukottai Taluk, Thiruvellore District.

2. The Inspector General of Registration Mylapore, Chennai - 4.

+1 cc to M/s.S.Shyamala, Advocate, S.R.No.61779 +1 cc to the Government Pleader, S.R.No.61899 W.P. No. 20662 of 2019 SJ(CO) SSM(24/09/2019)