A.J.Timothy Moses v. The District Registrar Tiruppatur
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.J.Timothy Moses ...
Petitioner versus 1.The District Registrar Tiruppatur, District Registrar Office, District Collector Office, 4th Floor, C-Block Tirupathur Tirupattur District - 630211 2.The Sub Registrar, Jolarpet S.R.O.
S.Kodiyur Nethaji Road, Sakara Kuppam, Jolarpettai ...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to cause immediate necessary action on the representation dated 01.04.2024 not to entertain registration of documents pertaining to lands comprised in S.No.2861 of Mangalam Village till the said land is sub divided identifying the lie and location, within a time frame fixed by this Court. 1/5
For Petitioner :
Mr.D.Daniel For Respondent Nos.1 & 2 :
Mr.M.Shajahan Special Government Pleader
O R D E R
By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.
2.
The Writ Petition is filed to direct the 2nd respondent to cause immediate necessary action on the representation dated 01.04.2024 not to entertain registration of documents pertaining to lands comprised in S.No.2861 of Mangalam Village till the said land is sub divided identifying the lie and location, within a time frame fixed by this Court. 3.
It is the case of the petitioner that the petitioner along with his brother are the absolute owners, who are in possession and enjoyment of certain extents of land comprised in various survey numbers in Mangalam Village, Tirupattur Taluk and District. He made a representation to the 2nd respondent that in the absence of sub division patta issued by the Tahsildar, Tirupattur especially in S.No.286/1, the geostatic picture cannot be taken identifying the lie and location of the land conveyed by various others by virtue of the conveyance based on the Joint Patta holder in the same Survey number. The 2nd respondent has not acted on the representation dated 2/5
01.04.2024 and entertaining registrations based on VAO issued chitta/adangal which does not reveal the lie and location of the land conveyed pertaining to joint patta relating to S.No.286/1. Hence, the present petition seeks a direction.
4.
Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 and 2 and perused the materials available on record.
5.
On perusal of the affidavit filed in support of this writ petition, the petitioner seeks interim injunction against the authorities forbearing them from discharging their official duty to not to register the document as he is one of the joint patta holder. If the petitioner is having right over the property, it is for the petitioner to work out the remedy before the Civil Court in the manner known to law.
6.
In such view of the matter, I do not find any merits in the Writ Petition. Accordingly, this Writ Petition is dismissed. No costs. 11.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No msv 3/5
To 1.The District Registrar Tiruppatur, District Registrar Office, District Collector Office, 4th Floor, C-Block Tirupathur Tirupattur District - 630211 2.The Sub Registrar, Jolarpet S.R.O.
S.Kodiyur Nethaji Road, Sakara Kuppam, Jolarpettai 4/5
N.SATHISH KUMAR , J.
msv 11.07.2024 5/5