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Madras High CourtWP/14047/2020dismissed

K.Bharathiyar v. The Sub - Registrar

2020-10-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.14047 of 2020 K. Bharathiyar

...Petitioner

Vs.

1. The Sub Registrar, Tharamangalam, Salem.

2. Inspector General of Registration, Santhome, Chennai.

3. The Tahsildar, Omalur Taluk, Salem District.

4. The Village Administrative Officer, Tharamangalam.

...Respondents

Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the respondent to dispose of the representation of the petitioner dated 24.08.2020 pending before the 1st respondent within the time frame fixed by this Court.

For Petitioner : Mr.M.Devanthiran For Respondents: Mr.T.M. Pappiah, Spl.Govt. Pleader for R1 and R2 Mr.E.Balamurugan, Spl Govt. Pleader For R3 and R4

O R D E R

This writ Petition is filed for the issue of Writ of Mandamus directing the 1st respondent to dispose of the representation made by the petitioner by way of legal notice dated 24.08.2020.

2. It is seen from records that there is already a suit pending in O.S.No.451 of 2019 which has been filed by the petitioner seeking for the relief of declaration, permanent injunction and other reliefs. If the petitioner apprehends that the defendants in the suit will attempt to deal with the property, the petitioner has to file an appropriate application before the Civil Court and seek for interim order. The https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot approach this Court and seek to restrain the 1st respondent from registering any documents. This Court cannot issue a Writ of Mandamus to restrain any authority from performing his statutory duties. The relief as claimed by the petitioner in this Writ Petition is not sustainable. Accordingly, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Sub Registrar, Tharamangalam, Salem.

2. Inspector General of Registration, Santhome, Chennai.

3. The Tahsildar, Omalur Taluk, Salem District.

4. The Village Administrative Officer, Tharamangalam.

+1cc to the Government Pleader, S.R.No.33857 WP.No.14047 of 2020 PA(CO) RV(20/11/2020) https://hcservices.ecourts.gov.in/hcservices/