Aravind Samy v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Aravind Samy ... Petitioner /Vs./

1. The District Registrar Registration Department, Near Court, Thiruppatur Road, Sivagangai District.

2. The Sub-Registrar Kalayarkovil, Sivagangai District.

3. Shivaji Ganesan .. Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to withhold registration of documents in Survey Nos.307/1A, 307/1B, 322/13C2B, 322/13B2B, 314/6A and 314/7 Pulikanmai Post Kurundhini Variyandhal Group Kayodai Village, Revenue Village Kalayarkovil Sivagangai District at the instance of the third Respondent for want of the petitioner consent by considering his representations dated 24.12.2024 27.12.2024 addressed to the Respondents 1 and 2 within the time framed as fixed by this Court. 1/4

For Petitioner : Mr.P.Bhaskar For Respondents : Mr.M.Sarangan Additional Government Pleader for R1 & 2

ORDER

This Writ Petition has been filed for a direction, directing the second respondent to withhold registration of documents in Survey Nos. 307/1A, 307/1B, 322/13C2B, 322/13B2B, 314/6A and 314/7 Pulikanmai Post Kurundhini Variyandhal Group Kayodai Village, Revenue Village Kalayarkovil Sivagangai District at the instance of the third respondent.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner is the son of the third respondent and the third respondent had misunderstanding with the petitioner's mother and also filed divorce petition. However, the divorce petition was dismissed. Therefore, the third respondent is now attempting all the ancestral property including the share of the petitioner to third party. Hence, the 2/4

petitioner submitted objection before the second respondent not to register any deed of conveyance in respect of the subject property. However, during enquiry, the petitioner was directed to produce original document to prove his title.

4. Without valid title over the property, the petitioner cannot raise any objections while dealing with the property by the third respondent. If at all any grievance, the petitioner can very well approach the civil Court for appropriate relief as against the third respondent.

5. Therefore, the direction sought for by the petitioner cannot be considered and this petition is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.

08.01.2025 Internet : Yes/No NCC : Yes / No Index : Yes/No LS 3/4

G.K.ILANTHIRAIYAN , J.

LS TO:-

1. The District Registrar Registration Department, Near Court, Thiruppatur Road, Sivagangai District.

2. The Sub-Registrar Kalayarkovil, Sivagangai District.

Order made in Dated:

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