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Madras High CourtWP/30488/2024dismissed with liberty

V.Chezhiyan v. The District Registrar

2024-10-21Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.30488 of 2024 V.Chezhiyan

...Petitioner

Vs.

1. The District Registrar, Erode District, Erode.

2. The Sub Registrar, Thingalur Sub Registrar Office, Perudurai Taluk, Erode District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceeding of the second respondent in refusal number RFL/THINGALUR/56/2024 dated 11.09.2024 and quash the same and consequently direct the second respondent to register the sale deed dated 10.09.2024 in respect of the land situated in survey numbers 300/1 to an extent of 66 cents Vellankovil Village, Gobichettipalayam Taluk, Erode District within the jurisdiction of the Thingalur Sub Registrar Office, Erode District. For Petitioner : Mr.K.Krishnan For Respondents : Mr.P.Sathish Additional Government Pleader 1/4

O R D E R

The learned counsel appearing for the petitioner has filed a memo seeking leave of this Court to withdraw this writ petition with liberty to file an application to modify the final decree in I.A.553 of 2012 in O.S.No.74 of 2000 on the file of the Sub Court, Gobichettipalayam, Erode District.

2. According to the learned counsel for the petitioner, in the final decree passed by the trial Court, the defendants 1 to 12 were wrongly mentioned as legal heirs of the deceased Muthusamy. Therefore, the petitioner seeks liberty to file an appropriate application for modification of the final decree.

3. In view of the submission and memo filed by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. It is always open to the petitioner to file an appropriate application before the Court which passed final decree, if the petitioner is so advised. No costs. 21.10.2024 Index : Yes/No 2/4

Internet : Yes/No Speaking Order/Non-Speaking Order To

1. The District Registrar, Erode District, Erode.

2. The Sub Registrar, Thingalur Sub Registrar Office, Perudurai Taluk, Erode District.

3/4

S. SOUNTHAR, J.

av W.P No.30488 of 2024 21.10.2024 4/4