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Madras High CourtWP/21072/2023disposed of

R.Indhirani v. The Sub Registrar

2023-07-17Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM R.Indhirani ... Petitioner Vs.

1. The Sub Registrar, Joint I, Neruperichal, Tiruppur.

2.V.Saravanan

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st Respondent to consider the Petitioner's protest petition Registered as Document No.PP/Tiruppur Joint I/5/2023 dated 20.01.2023 within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.M.R.Dhalapathy Vignesh Kumar For Respondents :

(for R1 to R2) : Mr.P.Sanjay Gandhi, Govt. Advocate 1/4

O R D E R

The relief sought in the present writ petition is to direct the first Respondent to consider the Petitioner's protest petition Registered as Document No.PP/Tiruppur Joint I/5/2023 dated 20.01.2023 within a time frame fixed by this Hon'ble Court.

2.The petitioner states that she is the absolute owner of the property situated at S.No.71/1, Chettypalayam Village, Tiruppur North Taluk, Tiruppur District, measuring about 4.36 acres. The second respondent entered into a sale agreement with the petitioner on 01.11.2019 and agreed to sell one acre of the above mentioned land for a total sale consideration of Rs.23,00,000/- (Rupees Twenty Three Lakhs Only). While so, the second respondent is now attempting to alienate the property without the knowledge of the writ petitioner.

3.The dispute regarding the sale of property based on the agreement for sale cannot be entertained by the Registering Authority under the Registration Act. Any protest in in this regard, cannot be entertained and the parties are to be relegated to the Civil Court of law for the purpose of resolving the disputes.

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4.In the present case, the writ petitioner claims that she is the agreement holder and paid an advance amount. If so, she is at liberty to approach the Civil Court of law for the purpose of enforcing the sale agreement in the manner known to law.

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

(sha) 17.07.2023 Index : Yes (2/2) Speaking Order To The Sub Registrar, Joint I, Neruperichal, Tiruppur.

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S.M.SUBRAMANIAM . J., (sha) 17.07.2023 (2/2) 4/4