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Madras High CourtWP/34089/2023dismissed

J.Nirmaladevi v. The Sub Registrar

2023-12-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN J.Nirmaladevi ... Petitioner Vs.

1. The Sub Registrar, Tambaram Joint-I, Chengalpattu District.

2. M.Vijaya Kumar

3. V.Geetha

4. M/s.Right Choice S.P.Promoters Private Limited, Represented by Director, Plot No.11, Secretariat Colony, Kaspapuram Main Raod, Paduvanchery, Chennai - 600 126.

5. K.Selvaraj

6. R.Venkatesan

7. M.Madhurambigai ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent not to make any further encumbrance in Old S.No.249/1C, 249/2C and 249/3C New Survey No.249/1C1, 249/2C1 and 249/3C1 situated in Agaramthen village, Tambaram Taluk in the light of the representation made by the petitioner dated 02.11.2023.

For Petitioner : Mr.R.Suryakumaran For R1 : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the first respondent not to make any further encumbrance in Old S.No.249/1C, 249/2C and 249/3C New Survey No.249/1C1, 249/2C1 and 249/3C1 situated in Agaramthen village, Tambaram Taluk in the light of the representation made by the petitioner dated 02.11.2023.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the official respondent.

3. Since there is no adverse order is passed against the private respondents, notice to the private respondents is dispensed with.

4. The direction to the first respondent sought for by the petitioner is not to make further encumbrance in Old S.No.249/1C, 249/2C and 249/3C New Survey No.249/1C1, 249/2C1 and 249/3C1 situated in Agaramthen village, Tambaram Taluk. The nature of the issue involved in this petition is civil in nature. Therefore, the petitioner has to approach the Civil Court for appropriate remedy.

5. In view of the above, the Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedy before the competent Civil Court in the manner known to law. There shall be no order as to costs.

08.12.2023 mfa Index:Yes/No Speaking Order: Yes/No

To The Sub Registrar, Tambaram Joint-I, Chengalpattu District.

P.VELMURUGAN, J.

mfa 08.12.2023