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Madras High CourtWP/33439/2023disposed of

V.Elumalai v. The Sub Registrar,

2023-11-29Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN in W.M.P. No. 33193 & 33195 of 2023

1. V.Elumalai

2. V. Sadayandi

3. Loganayaki ... Petitioners

Versus

1. The Sub Registrar Saidapet Joint -I Sub Registration Office, Panpet, Nandhanam, Chennai - 600 033.

2. The District Registrar (Administration) Chennai South Commercial Tax and Department of Registration Office, Panpet, Nandhanam, Chennai - 600 033.

3. Sheela Sarath

4. P. Mathew Vargheesh

5. P. Logu

6. M. Sivaprakasam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents 1 and 2 herein to consider representation dated 06.10.2023 as not to allow the respondents 3 to 6 to convey/transfer the property situated in S.Nos.196/1 and 196/2 in accordance with law. Page No.1 of 4

For Petitioners :

Mr. V. Balasubramani For Respondents :

Mr. Yogesh Kannadasan, Special Government Pleader,(for R1 & R2)

O R D E R

This Writ Petition is filed for issuance of a simple writ of mandamus to direct the respondents 1 and 2 herein to consider the representation, dated 06.10.2023 as not to allow the respondents 3 to 6 to convey/transfer the property situated in S.Nos.196/1 and 196/2 in accordance with law. 2.

The learned counsel for the petitioner submitted that, as against the order passed by the second respondent, the petitioner preferred an appeal before the Inspector General of Registrar and the same is pending. Further, he submitted that a Civil Suit is also pending before Civil Court.

3.

Since the Civil Suit is pending, the petitioners are directed to work out their remedy before the Civil Court in a manner known to law. 4.

With the above direction, the Writ Petition is disposed of. No Page No.2 of 4

costs. Consequently, the connected W.M.P.No.33195 of 2023 is also closed.

5.

Accordingly, W.M.P.No.33193 of 2023 filed to permit the petitioners to join together and file a single writ petition, is ordered on payment of separate Court fee by each of the petitioners. 29.11.2023 Index : Yes/No Speaking / Non-Speaking order klt To:

1. The Sub Registrar Saidapet Joint -I Sub Registration Office, Panpet, Nandhanam, Chennai - 600 033.

2. The District Registrar (Administration) Chennai South Commercial Tax and Department of Registration Office, Panpet, Nandhanam, Chennai - 600 033.

Page No.3 of 4

P. VELMURUGAN, J.

klt 29.11.2023 Page No.4 of 4