M.Thaslim Ibra v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.01.2025 Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.42492 of 2024 -- M.Thaslim Ibra, D/o Mohammed Ali .. Petitioner Vs.
1. The Sub-Registrar, Sub-Registrar Office, Madhavaram, Chennai-600 060.
2. The Inspector of Police, Central Crime Branch, TEAM-4, EDF-II, CCB, Vepery,Chennai-600 007.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents from interfering with the petitioner's rights to alienate her property in Survey No.849/2, Ward No.C, Madhavaram Village, Tiruvallur District, in house property comprised in sale deed, Doc.No.267/2021, 1 / 4
Doc.No.268/2021 and Doc.No.269/2021 on the file of the Sub-Registrar Office, Madhavaram, the first respondent to consider the representation, dated 14.12.2024 on the file of respondents.
For petitioner : M/s.R.Sankarasubbu (appeared through video-conference) For respondents: Mr.P.Harish, Govt. Advocate for R-1 Mr.S.Sugendran, Addl.P.P. for R-2
ORDER
The petitioner has filed this Writ Petition praying for issuance of a Writ of Mandamus to forbear the respondents from interfering with the petitioner's rights to alienate her property in Survey No.849/2, Ward No.C Madhavaram Village, Tiruvallur District, in house property comprised in sale deed, Doc.No.267/2021, Doc.No.268/2021 and Doc.No.269/2021 on the file of the Sub-Registrar Office, Madhavaram, the first respondent, to consider the representation, dated 14.12.2024 on the file of respondents.
2. On a perusal of the records, it is clear that the second respondent has sent notice to the first respondent on 07.10.2024 stating that there are 17 cases pending against the petitioner. The properties were purchased 2 / 4
from and out of the amount cheated from various persons.
3. Therefore, in the above facts and circumstances, the Writ Court cannot conduct roving enquiry with regard to the rights of the parties and it requires oral and documentary evidence to be adduced before Court.
4. Hence, this Writ Petition is not maintainable. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to work out her remedy in the manner known to law. Consequently, W.M.P.No.42492 of 2024 is closed.
22.01.2025 cs To
1. The Sub-Registrar, Sub-Registrar Office, Madhavaram, Chennai-600 060.
2. The Inspector of Police, Central Crime Branch, TEAM-4, EDF-II, CCB, Vepery, Chennai-600 007.
3. The Public Prosecutor, High Court, Madras. 3 / 4
P.VELMURUGAN, J cs 22.01.2025 4 / 4