Madras High CourtWP/25654/2017dismissed

A.C. Lakshmikanthan v. The District Revenue Officer

2022-11-08Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.27047 & 27048 of 2017 A.C.Lakshmikanthan .. Petitioner

Versus

1.The District Revenue Officer Vellore 2.The Sub-Registrar Registration Department Vaniyambadi 3.The Tahsildar Vaniyambadi 4.Sivachandran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the second respondent's order made in No.215/2017 dated 24.07.2017 to quash the same and to consequently direct the respondents 1 to 3 fro in any manner effecting or admitting any documents for registration on and on behalf of the 4th respondent.

For Petitioner : Mr.N.R.Jasmine Padma For Respondents : Mr.E.Vijay Anand for R1 to R3 Additional Government Pleader 1/4

ORDER

This writ petition is filed challenging the order of the second respondent made in No.215/2017 dated 24.07.2017, quash the same and consequently direct the respondents 1 to 3 from in any manner effecting or admitting any documents for registration on and on behalf of the 4th respondent.

2. The case of the petitioner is that there was a property dispute in between the petitioner and the fourth respondent, wherein, the suit is pending before the competent Civil Court. The grievance of the petitioner is that despite the injunction granted by the Trial Court, the fourth respondent is trying to alienate the subject property on the file of the second respondent. Hence, the petitioner made an application seeking to refrain the second respondent from entertaining the above said documents. However, the same was rejected vide the present impugned Order. Hence, this writ petition.

3. The learned counsel for the petitioner submitted that without interfering with the impugned order, this Court may grant liberty to the petitioner to file appropriate petition before the concerned Civil Court for impleading the Sub-Registrar for obtaining restrain order as against the private 2/4

respondent.

4. Heard both sides and perused the materials placed on record. Considering the limited relief sought for by the petitioner, this Court permits the petitioner to file appropriate petition before the concerned Civil Court for impleading the Sub-Registrar and work out the remedy in the manner known to law.

5. With the above view, these writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 08.11.2022 dhk Internet:Yes/No To, 1.The District Revenue Officer Vellore 2.The Sub-Registrar Registration Department Vaniyambadi 3.The Tahsildar Vaniyambadi 3/4

M.DHANDAPANI, J.

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