Madras High CourtWP/27205/2017disposed of

S.Shanmugham v. The Joint Ii Sub Registrar

2023-07-04Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.29075 of 2017 S.Shanmugham ... Petitioner Vs.

1.The Joint II Sub Registrar, Coimbatore District, Coimbatore.

2.S.Sundararajan 3.G.A.Natarajan 4.Kumar 5.Sudhakar 6.Ponnammal 7.A.Shanmugham 8.A.Vijayakumar 9.A.Udayakumar 10.R.Ayyasamy

11.R.Palanisamy 12.V.Pappathi 13.S.Kavitha 14.V.Thangaraj 15.P.Bagyalakshmi 16.P.Kanagarathinam 17.A.Kumarasamy ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent herein relating to Document No.4313 of 2016 dated 23.08.2016, which had been registered with office of the 1st respondent at Coimbatore and quash the same and consequently direct the 1st respondent to remove the entry made as Document No.4313 of 2016 from the Book No.1 in the office of the Joint II Sub Registrar, Coimbatore District. For Petitioner : Mr.C.R.Prasanan For R1 : Mr.C.Jayaprakash Government Advocate For R2 to R9 : Mrs.Elizabeth Rani For R10 to 17 : No Appearance

O R D E R

The relief sought for in the present writ petition is to set aside the document registered on 23.08.2016 in Document No.4313 of 2016 and consequently to remove the entry made as Document No.4313 of 2016 from the Book No.1 in the office of the Joint II Sub Registrar, Coimbatore District.

2. The learned Government Advocate appearing on behalf of the official respondent brought to the notice of this Court that the Civil Suit in O.S.No.1682 of 2007 for partition and separate possession is pending before the Competent Civil Court of Law. The suit was decreed and an Appeal Suits were filed in A.S.Nos.21 and 23 of 2016 and the said Appeal Suits are pending.

3. During the pendency of the Appeals, the Authorities Competent may not be in a position to initiate any appropriate action. After disposal of the civil litigations either of the parties is at liberty to approach the competent authorities for thaking necessary entries or to remove the entries as the case may be in the manner known to law.

4. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 04.07.2023 Jeni Index : Yes Speaking order To The Joint II Sub Registrar, Coimbatore District, Coimbatore.

S.M.SUBRAMANIAM, J.

Jeni 04.07.2023