S.Manickam v. The Joint Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023

CORAM

MR.JUSTICE N.SESHASAYEE S.Manickam ... Petitioner Vs.

1.The Joint Sub Registrar, Salem East No.1, Sub Registrar Office, Salem.

2.M.Senthilkumar ... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondent to dispose the obstruction petition dated 21.04.2022 made by the petitioner and consequently direct the respondent not to dispose the property in any manner in T.S.No.70 situated at Block-14, ward-N, Aachi Muthu Street, Ammapettai, Salem District to the extent of 1458 sq.ft pending disposal of the obstruction petition. For Petitioner : Mr.E.Duraivaiyapuri for Mr.V.Elangovan 1/4

For Respondents : Mr.C.Kathiravan Special Government Pleader for R1

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner opposes the registration of a certain document by the 1st respondent, which is likely to be presented by the 2nd respondent. 3.Mr.C.Kathiravan, the learned Special Government Pleader takes notice for the 1st respondent.

4.The 1strespondent is now required to give an audience to the petitioner on the expressed grievance and to decide the issue in strict conformity with the law. It is underscored that there is no legal bar for the co-sharer to alienate his undivided share in the property. The only embargo is that such a purchaser cannot take physical possession of any portion of the property. 2/4

5.This Writ Petition stands disposed of accordingly with the above direction. No Costs.

19.07.2023 Anu Index : Yes / No To The Joint Sub Registrar, Salem East No.1, Sub Registrar Office, Salem.

N.SESHASAYEE, J.

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