P.Bharathiraja v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2024

CORAM

THE HON'BLE MS.JUSTICE P.T. ASHA and W.M.P.No.33204 of 2024 P.Bharathiraja

...Petitioner

Versus

1.The Sub Registrar, Kaveripakkam Sub Registrar Office, Kaveripakkam, Ranipet District.

2.J.Sathishkumar

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, forbearing the 1st respondent from registering any documents in so far relate to land situated in S.No.305/9, Panappakkam Village, Nemili Taluk, Ranipet District without production of the original title deed in Document No.1252 of 2015, dated 25.02.2015 and consequent document No.5546 of 2019, dated 06.12.2019. For Petitioner : Mr.C.Prakash For Respondents : Mr.M.Shahjahan Special Government Pleader Page No. 1 of 5

ORDER

The writ petition is filed for the following reliefs: Praying for the issuance of writ of Mandamus forbearing the 1st respondent from registering any documents in so far relate to land situated in S.No.305/9, Panappakkam Village, Nemili Taluk, Ranipet District without production of the original title deed in Document No.1252 of 2015, dated 25.02.2015 and consequent document No.5546 of 2019, dated 06.12.2019. 2.The above writ petition is filed on the ground that though the petitioner has invested the money for the purchase of the lands, his friends taking advantage of the trust reposed on them, has fraudulently got the sale deeds registered in their name. He would further contend that a strength of the above sale deed, they are proposing to alienate the property. Therefore, the writ petition.

3.Heard the learned counsel on either side.

4.Admittedly, even according to the petitioner, the documents stand in the name of his alleged friends. The documents do not stand in his name and his contention that he has financed the purchase has to be proved before a Page No. 2 of 5

Civil Court. Without approaching the Civil Court, the petitioner has rushed to this Court. This Court, exercising jurisdiction under Article 226 cannot go into the question of title. Further a blanket order of injunction cannot be granted forbearing the respondents from registering documents. Therefore, the writ petition is dismissed. However, liberty is granted to the petitioner to approach the Civil Court to obtain appropriate orders, since the allegation made is that the 2nd respondent has fraudulently alienated the property. 5.Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

08.11.2024 Index : Yes/No Speaking/Non-speaking Order vsn To Page No. 3 of 5

1.The Sub Registrar, Kaveripakkam Sub Registrar Office, Kaveripakkam, Ranipet District.

P.T. ASHA Page No. 4 of 5

vsn and W.M.P.No.33204 of 2024 08.11.2024 Page No. 5 of 5