T.Natarajan, v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.18410 of 2017 & W.M.P.No.19983 of 2017 T.Natarajan ... Petitioner v.

1 The Sub Registrar The Sub Registrar Office Raja Street P.Puliampatti, Erode District 2 Sudhanthiramani 3 Gandhimathi 4 Pushpalatha 5 Sathyaveni 6 S.Venkatesh ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, forbearing 1st respondent from registering any document with respect to the property in S.Nos.250/1, 38/3, 38/5 and 265, Puliyampatti Village, Sathyamangalam Taluk based on objections dated 29.02.2016.

For Petitioner : Mr.V.P.K.Gowtham For Respondent No.1 : Mr.S.V.Doraisolaimalai Addl. Govt. Pleader

O R D E R

Mr.S.V.Doraisolaimalai, learned Additional Government Pleader, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, forbearing the 1st respondent from registering any document with respect to the property in S.Nos.250/1, 38/3, 38/5 and 265, Puliyampatti Village, Sathyamangalam Taluk based on the objections dated 29.02.2016. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the petitioner submitted that in the Civil Suit in O.S.No.105 of 2010 on the file of District Munsif Court, Sathiyamangalam, the partition deed dated 29.10.2009 was declared as null and void. However, the respondents 2 to 6 are trying to alienate the suit properties in spite of the declaration granted in the civil suit. In these circumstances, the petitioner has given an objection dated 29.12.2016 before the 1st respondent not to register any document in respect of the suit properties. 4.Mr.S.V.Doraisolaimalai, learned Additional Government Pleader, appearing for the respondents submitted that the 1st respondent may be directed to consider the petitioner's objections and pass orders, in accordance with law, after giving notice to the respondents 2 to 6.

5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's objections dated 29.12.2016 and pass orders, in accordance with law, after giving notice to the respondents 2 to 6, as expeditiously as possible. With these observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Rj To The Sub Registrar The Sub Registrar Office, Raja Street P.Puliampatti, Erode District +1cc to M/S.V.P.K.Gowtham, Advocate Sr. 51477 +1cc to the Government Pleader Sr. 51403 W.P.No.18410 of 2017 & W.M.P.No.19983 of 2017 MV(CO) VR(09/08/2017) https://hcservices.ecourts.gov.in/hcservices/