A.Arunachalaraj v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.11.2019

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN WRIT PETITION NO.27094 OF 2019 AND W.M.P.NO.26471 OF 2019 A.Arunachalaraj .. Petitioner /versus/ 1.

The District Revenue Officer, Office of the Thasildhar, Coimbatore-18.

2.

The Revenue Divisional Officer, Thudiyalur, Coimbatore.

3.

The Sub Registrar, Office of the Sub Registrar, Gandhipura, Coimbatore.

4.

K.Subramanian 5.

P.Sridhar 6.

P.Dhanabalan .. Respondents (R4 to R6 impleaded as per order dt 20.11.2019 made in W.M.P.No.32895 of 2019 in W.P.No.27094 of 2019 by Dr.GJJ) Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to release the sale deed dated 30.04.2019 registered as Document No.P/94/2019 on the file of the 3rd respondent by assigning regular document number, based on the petitioner's representation dated 30.07.2019.

For Petitioner :Mr.C.D.Sugumar For Respondents :Mr.N.Inbanathan, AGP for R1 & R2 Mr.M.Thamizharasan, GA for R3 Mr.I.Abrar mohamed Abdullah for R4 to R6

O R D E R

This writ petition has been filed praying to issue a Writ of Mandamus directing the 3rd respondent to release the sale deed dated 30.04.2019 registered as Document No.P/94/2019 on the file of the 3rd respondent by assigning regular document number, based on the petitioner's representation dated 30.07.2019. 2.On hearing the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for respondents 1 and 2; learned Government Advocate appearing for the 3rd respondent and the learned counsel appearing for the impleaded respondents 4 to 6, this Court finds that there is a civil dispute pertaining to the property for which the petitioner herein has presented the sale deed for registration and the same was refused by the 3rd respondent. 3.

Without adverting to the other points canvassed by the petitioner herein or relying upon Rule 55 of the Tamil Nadu Registration Rules, this Court finds that when the civil Court has seized of the matter regarding the title and the vendor of the petitioner being party in the suit filed by the impleaded respondents 4 to 6, it is prudent to wait for the disposal of the civil suit before assigning regular number to the document presented by the petitioner for registration. This action of the 3rd respondent in the given circumstances of the fact cannot be faulted.

4.With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous Petition is closed.

Sd/- Assistant Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar ari

To:

1.

The District Revenue Officer, Office of the Thasildhar, Coimbatore-18.

2.

The Revenue Divisional Officer, Thudiyalur, Coimbatore.

3.

The Sub Registrar, Office of the Sub Registrar, Gandhipuram, Coimbatore.

+1cc to Mr.I.Abrar mohamed Abdullah, Advocate, S.R.No.96401 +1cc to the Government Pleader, S.R.No.97589 & 97072 W.P.No.27094 of 2019 MP(CO) CS/31/12/2019