Srinivasan.T v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.1631 of 2023 T.Srinivasan ... Petitioner Vs 1.The Sub-Registrar, Trichy I & II Joint Registrar Office, Court Campus, Trichy.

2.A.Seethalakshmi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 herein their agents, servants or any one claiming under them from in an any manner entertaining or registering documents relating to the lands in survey nos. S.No. 8/8A1 and S.No.8/8A2, now assigned T.S.No. 4/12 and 4/16 in Ward no. AM, Block No. 12 in Pirattiyur Village, the then Srirengam Taluk, not Trichy West Taluk, Trichy District by considering representation of petitioner dated 09.08.2022.

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For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R.1

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondent. 2.The prayer sought for cannot be granted in writ proceedings. As rightly pointed out by the learned Additional Government Pleader as and when the document received from the second respondent in respect of the petition mentioned property, the first respondent would definitely take a call on merits and as per the relevant statutory provisions and circular issued by the Inspector General of Registration. The writ petitioner herein cannot anticipate as to what the first respondent would do in such an eventuality. In any event, it is always open to the writ petitioner to move the jurisdictional civil Court and even obtain an interim order for restraining the second respondent from dealing with the property in question. It is purely a private dispute it cannot be resolved in writ proceedings.

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3.Granting liberty to the writ petitioner to move the jurisdictional civil Court for relief, this writ petition is dismissed. If any such suit is filed by the writ petitioner, the same shall be numbered immediately and any Interlocutory Applications that may be filed by the petitioner shall be disposed of on merits and in accordance with law as expeditiously as possible. I make it clear that I have not gone into the merits of the matter. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 01.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To The Sub-Registrar, Trichy I & II Joint Registrar Office, Court Campus, Trichy.

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G.R.SWAMINATHAN, J.

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