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Madras High CourtWP/15078/2023disposed of

V.Shyam Sundar v. The District Registrar

2023-07-17Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.14578 of 2023 V.Shyamsundar ... Petitioner Vs.

1.The District Registrar, Integrated Registration Department Campus Salem Bye-pass Main Road, Near Rani/Mahal Viruddhachalam, Cuddalore District - 606 001. 2.The Sub Registrar, Integrated Registration Department Campus Salem Bye-pass Main Road, Near Rani/Mahal Viruddhachalam, Cuddalore District - 606 001. 3.The Inspector of Police, Vijayamanagaram, Cuddalore, SH-69, Virudhachalam Ulundurpet Villupuram Road, Virudhachalam 606 001.

4.Sub Inspector of Police, Viruddhachalam Police Station, Viruddhachalam, Cuddalore District.

5.V.Sekar ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 4 to enquire into the Petition of the Petitioner dated 08.04.2023, 12.04.2023, 29.04.2023 submitted to the 1st and 2nd respondent and the Petition dated 01.05.2023 and 03.05.2023 submitted to the 3rd respondent and to pass orders on the same on its merits and in accordance with law within the time frame stipulated by this Court and in the meanwhile direct the Respondent Nos.1 and 2 not to register any documents concerning the land measuring 0 Acre 32 Cents Comprised in Survey No.222, Virudhambigai Nagar, behind Virudhachalam Salem Road, Virudhachalam Sub Registration and Registration District, Cuddalore District.

For Petitioner : Ms.S.Devi For Mr.Balan Haridas For R1 to R4 : Mr.G.Krishna Raja Additional Government Pleader For R5 : Mr.M.Selvam

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 4 to enquire into the Petitions of the Petitioner dated 08.04.2023, 12.04.2023, 29.04.2023 submitted to the respondents 1 and 2 and the Petitions dated 01.05.2023 and 03.05.2023 submitted to the 3rd

respondent and to pass orders on the same on its merits and in accordance with law within the time frame stipulated by this Court and in the meanwhile direct the respondents 1 and 2 not to register any documents concerning the land measuring 0 Acre 32 Cents Comprised in Survey No.222, Virudhambigai Nagar, behind Virudhachalam Salem Road, Virudhachalam Sub Registration and Registration District, Cuddalore District.

2. A civil dispute exists between the petitioner and the 5th respondent, who was none other than his brother. Private objections filed by the parties not to entertain any document for registration cannot be accepted by the Registering Authority.

3. In the event of any dispute the parties are at liberty to approach the Civil Court of Law and in the event of any order from the Civil Court of Law, the authorities are bound to implement the same. Contrarily private objections raised by the parties cannot be the basis for the purpose of the refusal of registration under the provisions of the Registration Act. Thus, the petitioner is at liberty to approach the civil Court for the purpose of resolving the issues.

4. Accordingly, this Writ Petition stands disposed of. No costs.

Consequently, connected Miscellaneous Petition stands closed. 17.07.2023 Jeni Index : Yes Speaking order To 1.The District Registrar, Integrated Registration Department Campus Salem Bye-pass Main Road, Near Rani/Mahal Viruddhachalam, Cuddalore District - 606 001. 2.The Sub Registrar, Integrated Registration Department Campus Salem Bye-pass Main Road, Near Rani/Mahal Viruddhachalam, Cuddalore District - 606 001. 3.The Inspector of Police, Vijayamanagaram, Cuddalore, SH-69, Virudhachalam Ulundurpet Villupuram Road, Virudhachalam 606 001.

4.The Sub Inspector of Police, Viruddhachalam Police Station, Viruddhachalam, Cuddalore District.

S.M.SUBRAMANIAM, J.

Jeni 17.07.2023