M.Suresh Kumar D.M.E v. Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.16050 of 2020 M. Suresh Kumar, D.M.E ... Petitioner Vs.

1. The Inspector General of Registration, No.100, Santhom High Road, Raja Annamalaipuram, Chennai - 28.

2. The District Registrar of Registration, No.10, Kanchipuram High Road, Chengalpattu District - 603 002.

3. The Sub-Registrar, Sub-Registrar Office, No.790, Bangalore, Chennai Main Road, Sunguvachathram, Pin-602 106.

4. The District Registrar, District Registration Office, No.52, Oorikai, Kanchipuram - 631 502.

5. The Sub Registrar, Joint-II, Kamarajar Road, Taluk Office Campus, Kanchipuram - 631 501.

6. The Trustee, Sri Ponnuswamy Educational and Charitable Trust, No.213, Gandhi Road, Sriperumbudur, Kanchipuram District, PIN-602 105.

7. The Principle, Vivekanandha Matriculation School, Kandigai Road, Sunguvarchathram, Sriperumbendur Taluk, Kanchipuram District, PIN-602 106.

8.P.Muthu 9.A.P.Tamil Arasu 10.K.P.Munuswamy 11.P.Vijaya Kumar 12.Ravi 13.B.Ganesan 14.E.Rajendran 15.R.Tamil Mani 16.R. Eazhilarasu ... Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the respondents 1 to 5 not to release the sale deed in document No.P/143/2020 dated 31.07.2020. ("SRI PONNUSWAMY EDUCATIONAL AND CHARITABLE TRUST"). For Petitioner : Mr. K. Balaji For Respondents : Mr. T.M. Pappiah, Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents 1 to 5 not to release the sale deed that has been kept as a pending document in Doc.No.P.143/2020 dated 31.07.2020.

2.

Heard, Mr.K.Balaji, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader for the respondents.

3.

It is seen from records that there is an inter se dispute between the petitioner and respondents 6 to 16 with regard to the control over an Educational and Charitable Trust. It is also seen that a suit has been filed before the concerned civil Court and it is yet to be numbered and in the meantime, the petitioner has approached this Court seeking for the above relief. In the considered view of this Court, the petitioner has to necessarily work out his remedy only before the competent civil Court and he cannot invoke the jurisdiction of Article 226 of Constitution of India only for the sake of getting an interim order when the substantial issue is being pursued before the civil Court.

4.

In the result, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector General of Registration, No.100, Santhom High Road, Raja Annamalaipuram, Chennai - 28.

2. The District Registrar of Registration, No.10, Kanchipuram High Road,

Chengalpattu District - 603 002.

3. The Sub-Registrar, Sub-Registrar Office, No.790, Bangalore, Chennai Main Road, Sunguvachathram, Pin-602 106.

4. The District Registrar, District Registration Office, No.52, Oorikai, Kanchipuram - 631 502.

5. The Sub Registrar, Joint-II, Kamarajar Road, Taluk Office Campus, Kanchipuram - 631 501.

+1cc to the Government Pleader, S.R.No.36933 W.P.No.16050 of 2020 AJS(CO) RV(21/12/2020)