Salem Kadayampatti Vattara Kalanjiam v. The Sub Registrar

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.A.No. 2353 of 2024 C.M.P.No. 16552 of 2024 Salem Kadayampatti Vattara Kalanjiam, Represented by its President, Banumathi, W/o. Sekar, R/S00/82, Santhaipettai, Kadayampatti, Omalur, Salem - 636351.

...Appellant Vs.

1.The Sub-Registrar, Office of Sub-Registrar, Omalur, Salem District.

2.Kanaga

...Respondents

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 18.06.2024 made in W.P.No. 4360 of 2024. For Appellant : Mr.R.Nalliyappan For Respondent : Mr.L.S.M.Hasan Fizal Additional Government Pleader for R1 1/4

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The appellant has filed this appeal, aggrieved by the dismissal of its Writ Petition in W.P.No.4360 of 2024 wherein, it sought the following prayer:- "praying to issue a Writ of Mandamus forbearing the 1st respondent herein from registering the document presented by the 2nd respondent or her men or agent in the form of Amendment of Trust Deed / Supplementary Deed pertaining to Salem Kadayampatti Vattara Kalanjiam, Kadayampatti, Salem District by considering the representation of the petitioner dated 31.01.2024."

2. The learned single Jude had dismissed the Writ Petition holding that the Office of the 1st respondent itself has returned the document by issuing a refusal check slip. The learned Judge however, made certain observations in paragraph 3 & 4 of the judgment, which according to the learned counsel for the appellant is against the interest of the appellant. While we see no reason to entertain the appeal, we make it clear that the 1st respondent shall not be influenced by the observations made in Paragraph 3 & 4 of the order of the learned single Judge.

3.This Writ Appeal is disposed of with the above observations. No 2/4

costs. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (R.S.V., J.) 02.08.2024 kkn Internet:Yes Index: No Speaking To:- 1.The Sub-Registrar, Office of Sub-Registrar, Omalur, Salem District.

R.SUBRAMANIAN, J.

R.SAKTHIVEL, J.

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