Mariadassou Philomene v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.24364 of 2016 Mariadassou Philomene Dominique Marie Anthoinette W/o Jesudoss Arokiasamy rep. by her Power Agent Mr.Jesudoss Arokiasamy S/o Arokiasamy Both are residing at No.93, Montorsier Street Puducherry.

... Petitioner Vs.

1.The District Registrar Registration Department Saram, Puducherry 605013.

2.Tmt.Francis Marie Philomen Veronique Shanguina rep. by Power Agent Francis Arsene Jocelyn No.89, Kandappa Street Puducherry.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the 1st respondent from registering any document submitted by the 2nd respondent pertaining to the property in Door No.91, Montorsier Street, Puducherry (at T.S.No.169, R.S.No.239 Pt. Old No.55, Ward-D, Block No.13). For Petitioner : Mr.S.P.Sudalaiyandi For R1 : Mr.Ramasamy Meiyappan Government Advocate [Puducherry] For R2 : Dr.G.Krishnamurthy

O R D E R

The relief sought for in the present writ petition is to forebear the 1st respondent from registering any document submitted by the 2nd respondent pertaining to the property in Door No.91, Montorsier Street, Puducherry (at T.S.No.169, R.S.No.239 Pt. Old No.55, Ward-D, Block No.13).

2. The learned counsel for the petitioner mainly contended that the 2nd respondent had illegally constructed a building and based on the complaint given by the petitioner actions were initiated and the portion of the illegal construction were demolished.

3. That part, the petitioner filed a civil suit in O.S.No.39 of 2011 for declaration, recovery of possession and for injunction. The Suit was also decreed in favour of the writ petitioner and more specifically, the 2nd respondent is the defendant in the Suit.

4. That being the factum, the petitioner is at liberty to approach the 1st respondent or the competent authority for the purpose of securing any further relief, if required under the provisions of law. However, this Court cannot grant any such relief as such sought for, since it requires adjudication of disputed facts.

5. With these observations, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 16.03.2023 Jeni Index : Yes Speaking order

To The District Registrar Registration Department Saram, Puducherry 605013.

S.M.SUBRAMANIAM, J.

Jeni 16.03.2023