B.Suguna v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN B.Suguna ... Petitioner versus 1.The Sub Registrar, Sub Registrar Office Joint No.2, Tirupattur Town, Tirupattur District.

2.The District Collector, District Collector Office, Tirupattur Town, Tirupattur District.

3.The Sub Registrar, Sub Registrar Office, Tirupattur Town, Tirupattur District.

4.Saravanan 5.Saritha .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to consider and pass orders on the petitioner's representation dated 24.11.2023 not to register made in respect of the property in S.No.235/1A and 235/3 situated Pg.Nos.1/5

in Kandhali Village, Tirupattur Taluk, Tirupattur District till the finalisation of O.S.No.308 of 2013.

For Petitioner :

Ms.T.Dharani For Respondents :

Mrs.V.Yamunadevi Special Government Pleader for R1 to R3

O R D E R

Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against respondents 4 and 5, affecting their interest, notice to those respondents is dispensed with.

2. The petitioner has given a representation to the third respondent on 24.11.2023, in and by which, she sought to not register any document in respect of the property in S.Nos.235/1A and 235/3, situated in Kandhali Village, Tirupattur Taluk, Tirupattur District, till the finalisation of O.S.No.308 of 2013. Since there was no response from the third respondent till date, the present writ petition has been filed. Pg.Nos.2/5

3. It is seen that the petitioner has already filed a suit in O.S.No.308 of 2013 on the file of the Additional District Munsif Court, Tirupattur against the private respondents herein and five others, for declaration in respect of the subject properties and the same is pending. Pending suit, one Shanthi had filed impleading petition and the same was dismissed and as against the same, she preferred C.R.P.No.1178 of 2022 before this Court and this Court granted stay on 18.04.2022.

4. Since the dispute regarding the title is pending with competent Civil Court, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to work out her remedy before the competent forum. There shall be no order as to costs.

18.01.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.3/5

To 1.The Sub Registrar, Sub Registrar Office Joint No.2, Tirupattur Town, Tirupattur District.

2.The District Collector, District Collector Office, Tirupattur Town, Tirupattur District.

3.The Sub Registrar, Sub Registrar Office, Tirupattur Town, Tirupattur District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 18.01.2024 Pg.Nos.5/5