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Madras High CourtWP/13907/2023disposed of

S.Kasiammal v. The District Registrar

2023-06-05Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05-06-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM And WMP No.13567 of 2023 S.Kasiammal ... Petitioner Vs.

1.The District Registrar, Kallakurichi District, Kallakurichi.

2.The Sub Registrar, Sub Registrar Office, Rishivandhiyam, Kallakurichi District.

3.Tmt.S.Kousalya ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to pass orders on the petitioner's representation dated 06.03.2023.

For Petitioner : Mr.P.Wesley Isaac For Respondents-1 and 2: Mr.D.Ravichander, Special Government Pleader.

For Respondent-3 : Mr.N.Manokaran

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 and 2 to pass orders on the representation submitted by the petitioner on 06.03.2023.

2. The representation submitted by the petitioner on 06.03.2023 reveals that she raised an objection with reference to the registration of document, namely the Release Deed between the third respondent and her sister.

3. It is not in dispute that the civil suit has been instituted between the parties and now an appeal suit is pending before the Appellate Court. The third respondent also entered into appearance and it is subjudiced.

4. When the civil disputes are pending before the Competent Civil Court of Law, the Authorities may not be in a position to consider the grievances raised by the petitioner in her representation. However, the parties have to establish their respective rights before the Competent Court and any encumbrance or otherwise already created is subject to the final orders to be passed in the civil litigations between the parties.

5. With the above clarifications, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

05-06-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

S.M.SUBRAMANIAM, J.

Svn To 1.The District Registrar, Kallakurichi District, Kallakurichi.

2.The Sub Registrar, Sub Registrar Office, Rishivandhiyam, Kallakurichi District.

WP 13907 of 2023 05-06-2023