Padmavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.15343 of 2023 Mrs.Padmavathi ... Petitioner Vs.

1.The District Collector, Puducherry.

2.The District Registrar, Registration Department, Government of Puducherry, Saram, Puducherry.

3.The Sub Registrar, Town Sub Registrar Office, Saram, Puducherry.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the first respondent consider the petitioner's representation on 12.05.2023.

For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.J.Kumaran, Additional Government Pleader (Puducherry)

O R D E R

The relief sought for in the present writ petition is to direct the first respondent to consider the representation dated 12.05.2023 submitted by the petitioner.

2. The representation submitted by the petitioner reveals that the petitioner has already instituted a civil suit, which is pending and during the pendancy of the civil suit in O.S.No.78 of 2020, the contesting parties in the suit are attempting to alienate the property. The petitioner submitted a representation not to register the document in respect of the suit scheduled property.

3. Mere pendancy of a suit is not a bar for registering a document under the provisions of the Registration Act. It is for the petitioner to secure an interim order form the competent civil court of law for the purpose of restraining the authorities from registering any document. Thus, there is no

impediment for registering a document, if any, in accordance with the provisions of the Act.

4. Mere representation in this regard would be insufficient to issue a direction to consider the same. Disputed facts cannot be adjudicated in writ proceedings. Simply directing the authorities to consider the representation would do no service to the cause of justice and the civil suit is also pending between the parties, the rights are to be crystallized.

4. This being the factum, the petitioner is at liberty to work out her remedy before the competent court of law in the pending suit or otherwise.

5. With these observations, the writ petition stands disposed of. No costs.

03.07.2023 skr Index : Yes Speaking order

To 1.The District Collector, Puducherry.

2.The District Registrar, Registration Department, Government of Puducherry, Saram, Puducherry.

3.The Sub Registrar, Town Sub Registrar Office, Saram, Puducherry.

S.M.SUBRAMANIAM, J.

skr 03.07.2023