S.Sudhakar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Writ Petition No.14430 of 2023 S.Sudhakar ... Petitioner -Vs1. The District Registrar, Dharmapuri District, Dharmapuri.

2. The Sub-Registrar, Pappireddipatti Sub-Registrar Office, Pappireddipatti.

3. R.Senthilkumar ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to dispose of the petitioner's protest petition dated 27.02.2023. For Petitioner : Mr.M.Selvam For Respondents : Mr.V.Manoharan Additional Government Pleader 1 / 4

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's protest petition dated 27.02.2023.

2. It is the case of the petitioner that the petitioner had purchased the land comprised in Survey Nos.74/2 measuring to an extent of 1 acre 56 cents, 85/1 measuring to an extent of 33 cents and 1/2 share of a well comprised in S.No.84/3B situated at Paiyarnatham Village, from the third respondent, through a valid sale consideration and the petitioner is in possession of the property from 2019. However, sale deed has not been registered so far, hence the petitioner has filed a suit for specific performance before the learned Principal District Munsif Court, Dharmapuri in O.S.No.37 of 2012 and it is still pending. In the mean time, the third respondent is attempting to alienate the property, hence the petitioner has filed a protest petition before the second respondent on 27.02.2023 and since the same has not been considered so far, the petitioner has approached this Court by filing the present writ petition with the aforesaid prayer. 2 / 4

3. Learned counsel appearing for the petitioner submitted that it would be suffice that the protest petition filed by the petitioner on 27.02.2023 before the second respondent may be considered and appropriate orders may be passed thereon within a time frame fixed by this Court.

4. Mr.V.Manoharan, learned Additional Government Pleader, submitted that the protest petition filed by the petitioner dated 27.02.2023 will be considered on merits and appropriate orders will be passed thereon, within a period of four weeks.

5. Recording the said submission and also considering the limited scope of the relief sought for, without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the second respondent to consider the petitioner's protest petition dated 27.02.2023 and pass appropriate orders thereon within a period of four weeks from the date of receipt of a copy of this order. No costs.

05.05.2023 Index : Yes / No Speaking / Non-speaking ham/kst 3 / 4

A.D.JAGADISH CHANDIRA, J.

ham/kst To

1. The District Registrar, Dharmapuri District, Dharmapuri.

2. The Sub-Registrar, Pappireddipatti Sub-Registrar Office, Pappireddipatti.

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