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Madras High CourtWP/9844/2024dismissed

V.Krishnamurthy v. The Sub Registrar

2024-04-12Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR V.Krishnamurthy .. Petitioner

Versus

1.The Sub Registrar Sub Registrar Office No.268, Bharathi Salai, Express Estate Royapettah, Chennai - 600 014 2.Kareem Ahmed 3.Shukoor Ahmed 4.S.Nazneen Begum 5.S.Shabbir Ahmed 6.Mumtaz Begum 7.Ruqssana Begum 8.Ghouse Basha .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner representation dated 15.03.2024. For Petitioner : Mr.D.Gopal Pandi For Respondents : Mr.Yogesh Kannadasan for R1 Special Government Pleader

ORDER

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This writ petition has been filed for a direction to the 1st respondent to consider the petitioner representation dated 15.03.2024.

2. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the first respondent and perused the materials available on record.

4. At the outset, this Court is unable to countenance the very submissions of the learned counsel for the petitioner as to the maintainability of the writ petition. It is the case of the writ petitioner that since he has entered an agreement for purchase of sale, he has given protest petition not to register and entertain any documents in respect of of property. Therefore, he seeks a direction.

5. This Court is of the view that such a direction cannot be issued. Even assuming that the petitioner is an agreement holder, his remedy lies elsewhere to enforce the agreement in the manner known to law. The petitioner, as a 2/4

matter of right cannot prevent the transfer of property merely on the basis of an agreement.

6. Such view of the matter, I do not find any merits in this case and this writ petition stands dismissed, accordingly. No costs. 12.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, The Sub Registrar Sub Registrar Office No.268, Bharathi Salai, Express Estate Royapettah, Chennai - 600 014 N. SATHISH KUMAR , J.

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