A.Perumal v. The Inspector Generla Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24671 of 2024 and W.M.P.No.26992 of 2024 A. Perumal

...Petitioner

Vs.

1. The Inspector General of Registration, No. 100, Santhome High Road, Mandavelipakkam, Raja Annamalaipuram, Chennai - 600 028.

2. The District Registrar, No. 10, Kancheepuram Main Road, Chengalpet District - 603 002.

3. The Sub Registrar - Thiruporur, No. 29, South Mada Street, Thiruporur, Chengalpet District.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order issued by the third respondent vide Na.Ka. 704/2024 dated 22.06.2024 and quash the same and direct the 3rd respondent to prohibit any further registration with respect to petitioner's property. For Petitioner : Mr.A.Manogaran For Respondents : Mr. M.Shahjahan Special Government Pleader 1/5

O R D E R

Aggrieved by the order passed by the 3rd respondent directing the petitioner to approach the Civil Court to work out his remedies, the petitioner has come by way of this writ petition.

2. According to the petitioner, the property in Survey Nos.293/1 and 297/2 situated at Padur village, Thiruporur Taluk, Chengalpet district originally belonged to his father one Arumugam and his brothers Ponnampalam and Subramani. They executed a power deed dated 25.04.1986 in favour of three persons namely Venkatesan, Ramakrishnan and Balakrishnan. Later, the father of the petitioner died on 05.11.1987. Notwithstanding the same, the power agents Venkatesan, Ramakrishnan and Balakrishnan sold the above mentioned properties to various persons under different sale deeds. The petitioner submitted a representation to 3rd respondent on an apprehension that the above mentioned property will be subjected to further alienation. The representation of the petitioner was disposed of by the Sub-Registrar by directing the petitioner to approach the Civil Court to workout his remedy. Aggrieved by the same, the petitioner has come by way of this writ petition.

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3. The present writ petition has been filed only on the apprehension that the above mentioned properties will be subjected to further alienation. When the petitioner has got effective remedy before the Civil Court against the private individuals, who, according to the petitioner, likely to alienate the property, the Sub-Registrar/3rd respondent rightly directed the petitioner to approach the Civil Court to workout his remedy. The order passed by the SubRegistrar will not cause any prejudice to the petitioner and there is nothing to interfere with the same especially when the petitioner is relegated to the civil proceedings. Therefore, I do not find anything to interfere with the order passed by the 3rd respondent.

4. Accordingly, this writ petition stands dismissed with liberty to the petitioner to move the Civil Court to work out his remedies. Consequently, the connected miscellaneous petition is closed. No costs. 29.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/5

To

1. The Inspector General of Registration, No. 100, Santhome High Road, Mandavelipakkam, Raja Annamalaipuram, Chennai - 600 028.

2. The District Registrar, No. 10, Kancheepuram Main Road, Chengalpet District - 603 002.

3. The Sub Registrar - Thiruporur, No. 29, South Mada Street, Thiruporur, Chengalpet District.

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S.SOUNTHAR , J.

nr W.P No.24671 of 2024 and W.M.P.No.26992 of 2024 29.08.2024 5/5