Kannan v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.105 of 2024 Kannan ... Petitioner versus 1.The District Registrar, Krishnagiri District.

2.The Sub Registrar, Sub Registrar Office, Shoolagiri, Krishnagiri District.

3.Muniraj 4.Govindan 5.Rajaraman 6.Chinnaperumal ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the Pg.Nos.1/5

second respondent in vide Serial No.249/2024, dated 05.12.2023 and quash the same and consequently, directing the second respondent to consider the petitioner's representation dated 04.12.2023. For Petitioner :

Mr.C.Elamurugan For Respondents :

Mrs.V.Yamunadevi Special Government Pleader for R1 and R2

O R D E R

Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for respondents 1 and 2. Since this writ petition is being disposed of without passing any adverse orders against respondents 3 to 6, affecting their interest, notice to those respondents is dispensed with.

2. This Writ Petition has been filed to quash the impugned order vide Serial No.249/2024, dated 05.12.2023 passed by the Sub-Registrar/second respondent and consequently, directing the second respondent to consider the petitioner's representation dated 04.12.2023. Pg.Nos.2/5

3. The main grievance of the petitioner is that the private respondents herein have taking steps to transfer the subject property in their favour by way of producing the forged documents, hence, the petitioner made an objection/representation before the second respondent on 04.12.2023. However, the second respondent, without conducting proper enquiry, passed the impugned order stating that there is no provision to keep the registration pending, if any, document is presented before the authority concerned in the Registration Act, unless the petitioner obtained a stay order from the competent Court.

4. It is seen from the records that though the petitioner has submitted a representation to the second respondent not to register any document. However, as on date, no document is presented before the authority for registration. If at all the petitioner has got any title dispute, he has to approach the competent Civil Court. The petitioner has no locus standi to file the present writ petition, even as on date no document has been presented for registration.

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5. In view of the above, this Writ Petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

08.01.2024 Index: Yes/No Speaking Order : Yes / No ms To 1.The District Registrar, Krishnagiri District.

2.The Sub Registrar, Sub Registrar Office, Shoolagiri, Krishnagiri District.

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P.VELMURUGAN, J.

ms 08.01.2024 Pg.Nos.5/5