← Library
Madras High CourtWP/26599/2021dismissed

S.Prabhakaran v. The Registrar

2021-12-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.26599 of 2021 S.Prabhakaran ... Petitioner -Vs1. The Registrar, Cuddalore - 607002.

2. The Sub-Registrar, Joint I, Cuddalore - 607002.

3. N.Radhakrishnan

4. R.Karthikeyan ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 from registering the property measuring 22 feet east-west X 70 feet north-south in T.S.No.1440, in Subramania Gurukkal Nagar, Vannarapalayam, Cuddalore Town, Cuddalore Taluk, Cuddalore District (Approval No.Ma.Va./Na.Oo.E.No.613/94, earmarked for shop. For Petitioner : Mr.D.Baskar For R1 and R2 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, forbearing the respondents 1 and 2 from registering the property measuring 22 feet east-west X 70 feet north-south in T.S.No.1440, in Subramania Gurukkal Nagar, Vannarapalayam, Cuddalore Town, Cuddalore Taluk, Cuddalore District (Approval No.Ma.Va./Na.Oo.E.No.613/94, earmarked for shop.

2.

Heard Mr.D.Baskar, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/

3.

The property comprised in T.S.No.1433 in Ward No.6, Block No.44, ad-measuring 9305 sq.ft, in Vannarapalayam, Cuddalore Town, Cuddalore Municipal limit, Cuddalore Taluk, Cuddalore District, belongs to the petitioner. One "Subramania Gurukkal Nagar", is situated adjacent to the subject property and it is an approved layout bearing Approval No.Ma.Va./Na.Oo.E.No.613/1994. The approved layout portion which is meant for shop is now occupied by large number of trees. The third and fourth respondents being a developers, trying to sell the portion which is earmarked for shop. Therefore, the petitioner raised objections before the second respondent with regards to any deed of conveyance in respect of the portion which is earmarked for shop.

4.

Admittedly, the petitioner is a third party and he is not the purchaser of any one of the plot in the said layout called "Subramania Gurukkal Nagar". He is residing in the adjacent side of the said layout. Therefore, the petitioner has no locus to raise any objections before the second respondent. 5.

It is needless to say that the portion which is earmarked for shop can be salable on condition that it cannot be used for other purposes.

6.

Therefore, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. There shall be no order as to costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mn To

1. The Registrar, Cuddalore - 607002.

2. The Sub-Registrar, Joint I, Cuddalore - 607002.

+1cc to Mr.D.Baskar, Advocate, S.R.No.67403 +1cc to the Government Pleader, S.R.No.68287 W.P.No.26599 of 2021 SVI(CO) CT 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/