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Madras High CourtWP/34491/2014disposed of

S.Indira, S/O. M.Sekar v. The Sub Registrar

2023-03-07Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.No.1 of 2014 S.Indira

...Petitioner

Vs.

1.The Sub-Registrar, Sub Registrar Office, Poonamallee, Near Court Campus, Tiruvallur District, Chennai - 600 056.

2.M.Murugesan ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner representation dated 06.12.2014 for not to register any document in the nature of transfer by way of sale, gift, mortgage, exchange or lease with respect to the property situated in S.No.29/1A measuring 25 cents in S.No.29/1A in Poonamallee Village, Thiruvallur District. 1/4

For Petitioner : Mr.V.Stalin For M/s.Row and Reddy For R1 : Mr.S.Ravichandran Additional Government Pleader

ORDER

The relief sought for in the present writ petition is for a direction to direct the 1st respondent to consider the representation submitted by the writ petitioner on 06.12.2014.

2. The representation submitted by the writ petitioner reveals that a Civil Case in Second Appeal No.320 of 2011 was pending.

3. During the pendency of the civil dispute between the parties, any relief to redress the grievances must be sought for in the civil proceedings itself. That apart, the Sub-Registrar, during the pendency of the civil dispute, may not be in a position to decide the rights of the parties for the purpose of registration of documents. In the absence of any judicial orders from the competent Court, the Sub-Registrar may not be in a position to take an independent decision regarding the civil rights of the parties, which is admittedly subjudiced before the Court during the relevant point of time. 2/4

4. That being the factum, the petitioner is at liberty to redress his grievances in the civil proceedings, if any pending or in the manner known to law.

5. With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 07.03.2023 Index : Yes Speaking order:Yes/No kak To 1.The Sub-Registrar, Sub Registrar Office, Poonamallee, Near Court Campus, Tiruvallur District, Chennai - 600 056.

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S.M.SUBRAMANIAM, J.

kak 07.03.2023 4/4