The Sub Registrar v. S.Dakshinamurthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE P. DHANABAL and C.M.P.No.29663 of 2024 The Sub-Registrar, Perambakkam Sub-Registrar Office, Thiruvallur District.

... Appellant Vs.

S.Dhakshinamurthy ... Respondent Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 10.04.2024 in W.P.No.31083 of 2019 on the file of this Court. For Appellant :

Mr.B.Vijay Additional Government Pleader

J U D G M E N T

(Judgment was delivered by S.S. SUNDAR, J.) This Writ Appeal is directed against the order of the learned Single Judge dated 10.04.2024 made in W.P.No.31083 of 2019. 2.This Court, in the connected Writ Appeals in W.A.Nos.3530 and 3474 of 2024, arising out of the same order has already dealt with the issues and by a judgment dated 02.12.2024, has passed the following order : "5.This Court, while confirming the order of the learned Single Judge, does not uphold the title or right of the writ petitioners. If the property is a poramboke land or water body or a communal land, it is always open to the Revenue department to take action. It is in the said circumstances, while confirming the order of the learned Single Judge and in public interest, this Court pass the following order : i. The documents which are submitted by the respondents shall be released within a period of six weeks from the date of receipt of a copy of this judgment.

ii. The Sub Registrar/appellant is directed to register the common order dated 13.10.2023 passed by a Division

Bench of this Court in a batch of writ petitions in W.P.Nos.24283 to 24286 of 2017. In case, a further appeal is also filed by the respondents, the outcome of the appeal can also be registered.

iii. The Sub Registrar/appellant is directed to make appropriate endorsement in the documents registered, so that no third-party will be put to hardship, when they deal with the property believing that the writ petitioners are the actual owners of the property.

iv. It is made clear that this observation will be subject to the outcome of any appeal that may be filed by the respondents against the order of the Division Bench and in case, the respondents are granted liberty to establish their title before the civil Court and the civil Court shall decide the title uninfluenced by any of our observations in this order.

With the above directions, these writ appeals are disposed of. No costs. Connected C.M.Ps are closed." Having regard to the fact that this Appeal also is directed against the same order that was challenged before this Court in the previous Appeals, and the prayer in the writ petition is similar, this Writ Appeal is also

disposed of with the same directions issued in the order dated 02.12.2024 made in W.A.Nos.3530 and 3474 of 2024, as extracted above. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (P.D.B., J.) 03.01.2025 mkn Internet : Yes Index : Yes / No

S.S. SUNDAR , J.

and P. DHANABAL, J.

mkn 03.01.2025