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Madras High CourtWP/13851/2012dismissed

L.Kudiyannan, v. The Sub Registrar,

2015-07-23Honourable Mr Justice M. Jaichandren2 pages

In the High Court of Judicature at Madras Dated: 23.7.2015 Coram:

The Hon'ble Mr.Justice M.Jaichandren Writ Petition No.13851 of 2012 L.Kudiyannan ..

Petitioner vs.

1.The Sub Registrar, Thiruppathur Sub-Registrar Office, Vellore Dist. 2.Kuppammal .. Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 1st respondent to consider the petitioner's representation, dated 3.4.2012, sent to him not to register any deeds for alienating and encumbering the property situated at Madappalli village, Thirupathur Panchayat Union, comprised in Survey No.114/1B1, New Sub Division No.115/2B2, as mentioned in patta book No.515210, village No.43, Madapalli village, Thirupathur Taluk, Vellore District to an extent of 3990 sq.ft. or thereabout, now under the occupation and maintenance of the petitioner.

For petitioner :

Mr.S.V.S.Ilamvazhuthi For respondents :

Mr.R.Ravichandran, Additional Government Pleader for R1 Mr.A.Anbarasu for R2 -----

O R D E R

Heard the learned counsels appearing on behalf of the parties concerned.

2. Even though various issues had been raised by the petitioner, in the present Writ Petition, with regard to the title of the property concerned, this Court is of the considered view that the 1st respondent cannot make a roving enquiry, with regard to the title of the property in question, at the stage of registration of the documents presented before him. However, it would be open to the petitioner to raise all the grounds available to him, before the https://hcservices.ecourts.gov.in/hcservices/

appropriate Civil forum, in the manner known to law. In such circumstances, I find no merit in the Writ Petition and accordingly, the same is dismissed. However, it goes without saying that it would be open to the petitioner to approach the appropriate Civil forum to seek his reliefs, if any, in the manner known to law. No costs. M.P.No.1 of 2012 is closed.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar gs To 1.The Sub Registrar, Thiruppathur Sub-Registrar Office, Vellore District +1 cc to Mr.S.V.S.Ilamvazhuthi Advocate sr.37460 +1 cc to M/S.Government Pleader vide sr.37716 WP 13851 of 2012 cnr(co) aa19/08/2015 https://hcservices.ecourts.gov.in/hcservices/