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Madras High CourtWP/3792/2015disposed of

Minor Kalaivanan, v. The Inspector General Of

2015-02-16Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.02.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.3792 of 2015 and M.P.No.1 of 2015 Minor Kalaivanan rep.by his mother and next friend N.Parameswari .. Petitioner

Versus

1. The Inspector General of Stamps and Registration, Santhome Mylapore, Chennai-4.

2. The Sub Registrar Arani Sub-Registrar Office Arani, Ponneri Taluk Thiruvallur District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from registering the document presented by any third parties with regard to the properties situated in Thiruvallur District, Ponneri Taluk, Chinnambedu Village measuring to an extent of 0.45 acres in S.No.965/1A, 1.07 acres in S.No.962/1, 1.21 acres in S.No.960, 0.50 acres in S.No.976/2 and in Adambakkam Village an extent measuring 3.02 acres in S.No.15/2, 1.16 acres in S.No.13/4, 0.52 acres in S.No.17/2, 0.70 acres in S.No.18, 1.40 acres in S.No.13/2.

For Petitioner : Mr.M.Murugan For Respondents : Mr.S.Gunasekaran Government Advocate

ORDER

Heard Mr.M.Murugan, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing on behalf of the respondents.

2. The petitioner seeks for the issuance of a writ of mandamus forbearing the respondents from registering the document https://hcservices.ecourts.gov.in/hcservices/

presented by any third parties with regard to the properties situated in Thiruvallur District, Ponneri Taluk, Chinnambedu Village measuring an extent of 0.45 acres in S.No.965/1A, 1.07 acres in S.No.962/1, 1.21 acres in S.No.960, 0.50 acres in S.No.976/2 and in Adambakkam Village an extent measuring 3.02 acres in S.No.15/2, 1.16 acres in S.No.13/4, 0.52 acres in S.No.17/2, 0.70 acres in S.No.18, 1.40 acres in S.No.13/2.

3. Admittedly, the petitioner has filed a suit in O.S.No.155 of 2012 on the file of the learned Principal District Judge, Tiruvallur seeking preliminary decree for partition and separate possession and also for a permanent injunction restraining the defendants therein from alienating or encumbering the suit property. In the meantime, the petitioner also seeks for a direction upon the second respondent not to register any document in respect of the properties in question by way of this writ petition.

4. Since, the suit is pending as on date, liberty is granted to the petitioner to move the Civil court for getting appropriate orders.

5. With the above observation, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vj2 To

1. The Inspector General of Stamps and Registration, Santhome Mylapore, Chennai-4.

2. The Sub Registrar Arani Sub-Registrar Office Arani, Ponneri Taluk Thiruvallur District.

3. The Principal District Judge, Tiruvallur.

+ 1 cc to Government pleader SR.8395 + 1 cc to Mr.M.Murugan, Advocate Sr.8022 WP.No.3783 of 2015 GR(CO) Eu 2.03.15 https://hcservices.ecourts.gov.in/hcservices/