Madras High CourtWP/26541/2022dismissed

Pugazvanan v. The Sub Registrar

2022-09-29Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26541 of 2022 Mr. Pugazvanan .. Petitioner Vs.

1. The Sub Registrar, SRO, Uthangarai, Krishnagiri District

2. Mr. Bakkiyaraj ..Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 22.09.2022 and not to register any kind of registration will made by the second respondent in Old Survey No.3, New sub Division survey no.3/10B, measuring about 2400 sq.ft, Sunnalampatti Village, Uthangarai Taluk, Krishnagiri District till pending disposal of the petitioner's suit in O.S.No.464 of 2022 on the file of the Subordinate Court, Uthangarai herein and pass orders. 1/4

For Petitioner : Mr.M.P. Saravanan For Respondents 1 to 9 : Mr.G. Krishna Raja Additional Government Pleader

O R D E R

This writ petition is filed for issuance of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 22.09.2022 and not to register any kind of registration will made by the second respondent in Old Survey No.3, New sub Division survey no.3/10B, measuring about 2400 sq.ft, Sunnalampatti Village, Uthangarai Taluk, Krishnagiri District till pending disposal of the petitioner's suit in O.S.No.464 of 2022 on the file of the Subordinate Court, Uthangarai.

2. The case of the petitioner is that the second respondent borrowed money from the petitioner to a tune of Rs.9,00,000/- on 19.02.2022 for which he had executed a promissory note and thereafter the second respondent failed to pay the amount. Hence the petitioner has filed a money suit in O.S.No.464 of 2022 and I.A.No.1 of 2022 before the Subordinate Court, Uthangarai along with attachment of the property 2/4

and the same has been posted for appearance on 24.11.2022. In the mean time the second respondent is trying to sell the property for which the petitioner made a representation on 22.09.2022 to the first respondent. However till date no action has been taken. Hence the petitioner has filed this writ petition with the afore said prayer.

3. Considering the submission made by the learned counsel for the petitioner that he has already initiated a money suit before the Court below, this writ petition is dismissed. However the petitioner is at liberty to work out the remedy in the money suit by impleading the first respondent as a party to the suit. No order as to costs. 29.09.2022 smn Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To.

The Sub Registrar, SRO, Uthangarai, Krishnagiri District 3/4

M.DHANDAPANI,J.

smn W.P.No.26541 of 2022 29.09.2022 4/4