Sathyashree v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sathyashree ... Petitioner vs.
1.The Inspector General of Registration, No. 100, Santhome High Road, Mullima Nagar, Mandavalipakkam, Raja Annamalai Puram, Chennai - 600 028.
2.The District Registrar, Vellore, 3.The District Collector, Office of the Collectorate, 4.The District Revenue Officer, Collectorate Campus, 5.The Revenue Divisional Officer, Vellore District, Vellore.
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6.The Tahsildhar, Anaicut Taluk, 7.Nedunchezhian 8.B.Jagadeeswaran 9.N.Malathi 10.C.Jayaraman 11.J.Sridhar 12.J.Ashok Kumar 13.J.Nalini 14.J.Karunanidhi @ Prabhu 15.C.Chitty Babu 16.C.Santhosh Kumar 17.C.Banumathi 18.K.Mahendran Kumar 19.V.Ramesh Kumar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 3 to 6 from transferring patta in the name of any 3rd party pending civil suit in O.S.No. 142 of 2023 on the file of learned Principal District and Sessions Judge, Vellore based on her representation dated 02.07.2024. 2/6
For Petitioner : Mr.K.Balu For R1 and R2 : Mr.M.Shahjahan Special Government Pleader For R3 to R6 : Mr.P.Sathish Additional Government Pleader
O R D E R
By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 6, this writ petition is disposed of at the admission stage itself.
2. The petitioner herein seeks issue of Writ of Mandamus, forbearing the respondents 3 to 6 from transferring patta in the name of the 3rd party pending disposal of civil suit in O.S.No.142 of 2023 on the file of the Principal District and Sessions Court, Vellore, by considering her representation dated 02.07.2024.
3. Admittedly, in respect of the subject property, a civil suit for partition is pending between the petitioner and other family members in 3/6
O.S.No.142 of 2023 on the file of the Principal District and Sessions Court, Vellore. It is the case of the petitioner that her father settled the subject matter of the suit in favour of her brother and her brother is attempting to alienate suit property to third party and get the revenue records mutated on the basis of the documents executed pending suit.
4. It is settled law any alienation made pending suit will not affect the right of the parties and the same is subject to the result of the suit. Therefore, any alienation or mutation of the revenue records pending suit will not affect the right of the petitioner in any way and the petitioner's right will be protected by Section 52 of the Transfer of Property Act, 1882.
5. In the case on hand, admittedly, a civil suit is pending and it is open to the petitioner to workout her remedy by seeking necessary prohibitory orders against alienation from the Civil Court in the pending suit. Therefore, this Court is not inclined to issue any positive direction to the official respondents as prayed for.
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6. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to workout her remedy before the Civil Court in the manner known to law. No costs.
15.10.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The Inspector General of Registration, No. 100, Santhome High Road, Mullima Nagar, Mandavalipakkam, Raja Annamalai Puram, Chennai - 600 028.
2.The District Registrar, Vellore, Vellore District.
3.The District Collector, Office of the Collectorate, 4.The District Revenue Officer, Collectorate Campus, Vellore District.
5.The Revenue Divisional Officer, Vellore District, Vellore.
6.The Tahsildhar, Anaicut Taluk, Vellore District.
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S.SOUNTHAR, J.
dm 15.10.2024 6/6