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Madras High CourtWP/17715/2018dismissed as withdrawal

V.Balasubramaniyan, v. The Executive Officer

2019-07-16Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 17715 of 2018 and W.M.P. Nos. 20984 and 20985 of 2018

1. V. Balasubramaniyan

2. V. Rukmani

3. P. Karuppusamy

4. Sandhiya ... Petitioner -vs1. The Executive Officer, A/m. Venugopalaa Devanayaka Perumal Temple, Lakshmi Nayakanpalayam, Sulur Taluk, Coimbatore District.

2. The Sub-Registrar, Sulur, Coimbatore District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned communication of the First Respondent dated 24.02.2012 in letter No. 7/2012 and quash the same and consequently direct the Second Respondent to register any lawful document tenders to him with respect to survey Nos. 87/2B and 87/2A2, at Vadavalli Village, Sulur Taluk, Coimbatore District.

For Petitioner : Mr.A. Mohammed Ismail For Respondents: Mr. M. Maharaja, Special Government Pleader (HR & CE) (for R1) Mr. T.M. Pappiah, Special Government Pleader (for R2) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

When it is pointed out that nothing has been shown that the Petitioner intends to register any document in respect of the property at present, but he only challenges the factual correctness of the claim made by the First Respondent over the same property as per its records in its communication to the Registering Authority for the purpose of Section 22-A of the Registration Act, 1908, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to work out his remedy at the appropriate stage in the manner laid down by the Division Bench of this Court in the decision in Sudha Ravi Kumar -vs- Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department [(2017) 3 CTC 135] and he has also made an endorsement to that effect, which is recorded. 2.Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.

Consequently, connected Miscellaneous Petitions are closed. No costs. -s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar dua To

1. The Executive Officer, A/m. Venugopalaa Devanayaka Perumal Temple, Lakshmi Nayakanpalayam, Sulur Taluk, Coimbatore District.

2. The Sub-Registrar, Sulur, Coimbatore District.

+1 CC to The Govt. Pleader sr 61212, 61516.

W.P. No. 17715 of 2018 RGN(CO) SP(25/07/2019) https://hcservices.ecourts.gov.in/hcservices/