Tamilnadu Viyaparigal Sanga Peravai v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.19114 of 2021 and W.M.P. No.20397 of 2021 Tamil Nadu Viyaparigal Sanga Peravai Represented by its authorised signatory Mr.V.C.Kathiravan Old No.13, New No.138 Arcot Road Virugambakkam Chennai - 600 092 ... Petitioner Vs 1.The Sub Registrar The Sub Registrar's Office Ambattur (Chennai North) Municipal Community Hall Gopalsamy Street, Ram Nagar Ambattur Chennai - 600 053 2.Krishnamurthy Raju ... Respondents (impleaded vide order dt.25.10.2021 made in W.M.P. No.23382/2021 in W.P. No.19114/2021) Page 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to register any document of sale or any other document creating any encumbrance on the property measuring about 10.51 Acres or any part thereof comprised in T.S.F. No.284, 285, 289 Part 503, 504 of Athipattu Village, Ambattur Taluk, Tiruvallur District, presented by any agent strictly by observing the rules and practice governing the registration documents on the basis of power of attorney. For Petitioner : Mr.S.Sridharan For Respondents : Mr.B.Vijay, Addl. Govt. Pleader for R1
O R D E R
This writ petition has been filed for a direction to the first respondent to register any document of sale or any other document creating any encumbrance on the property measuring about 10.51 Acres or any part thereof comprised in T.S.F. No.284, 285, 289 Part 503, 504 of Athipattu Village, Ambattur Taluk, Tiruvallur District, presented by any agent strictly by observing the rules and practice governing the registration documents on the basis of power of attorney. Page 2/5
2. According to the petitioner, he is the authorised signatory of the petitioner society. The society owns a property of an extent of 10.51 Acres in T.S.F. No.284, 285, 289 Part 503, 504 of Athipattu Village, Ambattur Taluk. It is the case of the petitioner that the private respondent took temporary possession of the property as per the proceedings of the Debts Recovery Tribunal vide order dated 19.07.2012 in I.A. No.1854 of 2012. Now the private respondent is trying to create encumbrance over the property. Hence this writ petition.
3. At the outset, this court is of the view that the writ petition is not maintainable for seeking such directions. The very affidavit filed in support of the writ petition itself indicate that the property already appears to have been purchased by the second respondent in a proceeding. Such being the position, mere omni bus direction restraining the authorities from performing their statutory duties, cannot be issued. Hence I do not find any merit in the writ petition. Accordingly, the same deserves to be dismissed. Page 3/5
4. In fine, the writ petition is dismissed. However, there is no order as to costs. Consequently, the connected writ miscellaneous petition is closed. 08.07.2024 Index : Yes / No : Yes / No Asr To 1.The Sub Registrar The Sub Registrar's Office Ambattur (Chennai North) Municipal Community Hall Gopalsamy Street, Ram Nagar Ambattur Chennai - 600 053 2.The Government Pleader High Court, Madras Page 4/5
N.SATHISH KUMAR , J.
Asr W.P. No.19114 of 2021 and W.M.P. No.20397 of 2021 08.07.2024 Page 5/5