← Library
Madras High CourtWP/22109/2019withdrawn dismissed

D.Tamizhvel v. The District Registrar

2019-07-29Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 22109 of 2019 and W.M.P. Nos. 21377 and 21381 of 2019 D. Tamizhvel ... Petitioner Vs.

1. The District Registrar, Thirupapuliyur, Registration Department, Cuddalore - 2.

2. The Sub-Registrar, Office of the Sub-Registrar, Kurinjipadi, Cuddalore.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order dated 01.07.2019 passed by the Second Respondent vide Na.Ka.No. Nil/2019 and quash the same as unconstitutional, unwarranted and further direct the Second Respondent to Register the sale deed dated 12.06.2019 executed by the Petitioner in favour of R.Subramanian in accordance with the Tamil Nadu Registration Act. For Petitioner : Mr. R. Sreedhar For Respondents : Mr. T.M. Pappiah Special Government Pleader

O R D E R

The Petitioner is aggrieved by the refusal of the First Respondent to register the documents presented by him for registration in respect of the property which forms the subject matter of pending suit in O.S. No. 393 of 2017 before the Sub Court, Cuddalore.

2.

When it is pointed out that the Petitioner has to approach the aforesaid Civil Court where the suit is pending for https://hcservices.ecourts.gov.in/hcservices/

necessary permission to transfer or deal with the property in terms of Section 52 of the Transfer of Property Act, 1882, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to that procedure and he has made an endorsement to that effect, which is recorded.

3.

Accordingly the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Maya To

1. The District Registrar, Thirupapuliyur, Registration Department, Cuddalore - 2.

2. The Sub-Registrar, Office of the Sub-Registrar, Kurinjipadi, Cuddalore.

+1cc to Mr.R.Sreedhar, Advocate, S.R.No. 64767 +1cc to the Government Pleader, S.R.No. 65518 W.P.No. 22109 of 2019 and W.M.P. Nos. 21377 & 21381 of 2019 RSK(CO) GN(16/08/2019) https://hcservices.ecourts.gov.in/hcservices/