← Library
Madras High CourtWP/20317/2023dismissed

K.Dhanalakshmi v. The District Registrar

2023-07-11Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.Dhanalakshmi ... Petitioner Vs.

1.The District Registrar, Office of District Registrar, Salai Vinayagar Temple Road, Dharmapuri.

2.The Sub Registrar, Paarur Village and Post, Pochampalli Taluk, Dharmapuri.

3.Panchalai 4.Kodeshwaran 5.Poongodi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's objection / representation dated 27.02.2023 and direct the respondent authorities not to entertain any third party registration without conducting enquiry.

For Petitioner : Mr.M.Sudhan for Mr.A.Rajakumar For R1 & R2 : Mr.D.Ravichander, Special Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 and 2 to consider the petitioner's objection / representation dated 27.02.2023 and direct the respondent authorities not to entertain any third party registration without conducting enquiry.

2. The registering authority is incompetent to adjudicate the disputed facts of civil rights between the parties. The Sub Registrar cannot act as a Civil Court for adjudication of disputed issues. Therefore, objections submitted by private persons cannot be entertained by the Sub-Registrar for the purpose of refusal of registration under the provisions of the Registration act. Only if an order from the competent court of law is submitted, then alone the registering authority is bound to act.

3. The learned counsel for the petitioner states that a Civil Suit in O.S.No.3 of 2008 has already been instituted on the file of the Sub Court, Harur and an Interlocutory Application also has been filed.

4. That being the factum, the petitioner is at liberty to move the Civil Court for appropriate order not to incumbent the property or otherwise in the manner known to law.

5. With these observations, the writ petition stands dismissed. No costs.

11.07.2023 skr Index : Yes Speaking order To 1.The District Registrar, Office of District Registrar, Salai Vinayagar Temple Road, Dharmapuri.

2.The Sub Registrar, Paarur Village and Post, Pochampalli Taluk,Dharmapuri.

S.M.SUBRAMANIAM, J.

skr 11.07.2023