G.Raju Naidu v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN G.Raju Naidu ... Petitioner /Vs./ 1.The District Registrar, Registration Department, Trichy District, Trichy.

2.The Sub-Registrar, Registration Department, Manapparai, Trichy District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to dispose of the petitioner's representation dated 12.12.2024 within a time frame fixed by this Court.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.S.P.Maharajan Special Government Pleader 1/5

ORDER

This writ petition has been filed for a direction directing the respondents to dispose the representation of the petitioner, dated 12.12.2024.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The learned Special Government Pleader appearing for the respondents, on instructions, would submit that in respect of the subject property already suit is pending in O.S.No.140 of 2023 on the file of the Sub Court, Manapparai, in which, the registering authority is also one of the party.

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5. Mr.Ganapathi Subramanian, learned counsel appearing for the counter party submitted that the petitioner had purchased the property to an extent of 91 cents out of 2 acre 95 cents, but he obtained the UDR patta for entire extent of the property and executed the sale deed. Therefore, the petitioner has no title over the entire extent of the property.

6. In view of the above, the petitioner can execute the sale deed as per his parent document. He cannot execute the sale deed beyond the property, which was purchased by him. In view of the above, direction sought for by the petitioner cannot be considered and the writ petition is liable to be dismissed.

7. Accordingly, the writ petition is dismissed. It is also made clear that mere pendency of the suit is not an impediment for the registering authority to register the document. No costs. 09.01.2025 Index : Yes / No NCC : Yes / No am 3/5

To 1.The District Registrar, Registration Department, Trichy District, Trichy.

2.The Sub-Registrar, Registration Department, Manapparai, Trichy District.

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G.K.ILANTHIRAIYAN , J.

am Order made in Dated:

09.01.2025 5/5