D.Raja v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.26494 of 2023 D.Raja

...Petitioner

Vs.

1.The Sub Registrar, Sub Registrar Office, Neruperichal, Tiruppur.

2.Indrani 3.Vijayanath 4.Thanalakshmi 5.Eeshwaran 6.Ravi 7.Rani 8.Gomathi 9.Gokila 10.Anand

11.Susila 12.Nikhil 13.Nithin 14.Latha

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the 1st respondent from in any manner entertaining any document presented by the respondents 2 to 14, encumbering, alienating and transferring the properties comprised in Old S.F.No. 601, New S.F. No.755, Old T.S. No. 648 measuring 4.94 acres and Old S.F. No. 602, New S.F. No. 756, Old T.S. No. 651 bearing New No. 46 to 114 measuring 2.15 1⁄2 acres in all totalling 7.09 1⁄2 acres, Thottipalayam Village, Royapuram Extension Ward K, Block 56, Tiruppur Municipality, Tiruppur Taluk, Tiruppur, falling within the jurisdiction of Tiruppur Joint I Sub-Registrar, Tiruppur Registration District to any third parties as sought vide representation dated 25.08.2023 For Petitioner :

Mr.N.A.Nissar Ahamed Senior Counsel for Mr.I. Kowser Nissar For R1 :

Mr.G.Krishnaraja, Additional Government Pleader

ORDER

The writ on hand has been instituted to forbear the first respondent from in manner entertaining any document presented by the respondents 2 to 14, encumbering, alienating and transferring the properties to any third parties.

2. The relief of injunction in nature cannot be entertained in respect of registration of a document under the provisions of the Registration Act (hereinafter referred to as 'the Act'). If objectionable properties are sought to be registered, which is barred under any of the provisions of the Act, then alone such relief can be considered and in all other circumstances, the parties are to be relegated to approach the competent Civil Court of law for redressal of their grievances.

3. All documents presented by the presentant is to be received and considered for registration, if such presentation is in consonance with the provisions of the Act. If the document presented is an objectionable document, then the registering authority is empowered to refuse the same

under relevant provisions of the Act. An omnibus prayer not to register any document cannot be considered by the High Court in a writ proceeding under Article 226 of the Constitution of the India.

4. Thus, the prayer as such sought for in this writ petition deserves no merit consideration. However, the petitioner is at liberty to approach the competent Civil Court for the purpose of redressal of his grievances. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

14.09.2023 Index:Yes Speaking order hvk/dpa

To The Sub Registrar, Sub Registrar Office, Neruperichal, Tiruppur.

S.M.SUBRAMANIAM, J.

hvk/dpa 14.09.2023