Manogaran v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.10607 of 2021 and W.M.P.No.11221 of 2021 Manogaran, S/o. Kunjithapadham ... Petitioner Vs.

1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Chennai-600 028.

2. The District Registrar, Office of the District Registrar, Cuddalore, Cuddalore Dt.

3. The Sub-Registrar, Office of the Sub-Registrar, Chidambaram.

4. N.Senthilkumar, S/o. Natarajan ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to conduct enquiry on petitioner's representation dated 30.03.2021 seeking not to do registration of any sale agreement or sale deed with regard to the property situated at Old Door No.96, New Door No.127, Keezharathaveedhi, Ward No.4, Block No.3, Town Survey No.307 and Ward No.5, Block No.2, Town Survey No.12/A/2, Chidambaram Taluk, Chidambaram District.

For Petitioner : Mr.V.Sathish For Respondents : Mr.K.M.D.Muhilan, Government Advocate for R1 to R3

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the respondents 1 to 3 to conduct enquiry on the petitioner's representation dated 30.03.2021and also not to register any document filed by the 4th respondent.

2. According to the petitioner, the petitioner is the tenant under the 4th respondent in the ground and first floor of the building and he has also paid a sum of Rs.55 lakhs as advance amount to the 4th respondent. Now, without the knowledge of the petitioner, the 4th respondent is taking steps to alienate the property. Hence, he made a representation before the respondents not to register the document and that was not considered so far. Hence, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3.

4. Admittedly, the petitioner is the tenant under the 4th respondent and there is a money dispute between the petitioner and the 4th respondent and it could be resolved through a civil Court. The Sub-Registrar cannot refuse to register any document submitted by the owner of the property because of the money dispute pending between the landlord and tenant. In the said circumstances, the relief sought by the petitioner cannot be granted and I find no merit in the writ petition and the same is liable to be dismissed.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mrp To

1. The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Chennai-600 028.

2. The District Registrar, Office of the District Registrar, Cuddalore, Cuddalore Dt.

3. The Sub-Registrar, Office of the Sub-Registrar, Chidambaram.

W.P.No.10607 of 2021 PCH(CO) HS(03/08/2021)