Pottu v. The District Registrar (Admin)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.452 of 2021 Pottu ... Petitioner Vs.

1.The District Registrar (Admin) Pudukottai District.

2.The Sub Registrar, O/o Keelanilai Sub Registrar Office, Camp K.Pudupatti, K.Pudupatti (post), Tirumayam Taluk, Pudukottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating with the order of the order of the 2nd respondent made in O.Mu.No.187/2020, dt 21.12.2020, quash the same as illegal and in consequence to direct him to register and release the sale deed, which is pending before him as Document no. P25/2020.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader 1/4

ORDER

Heard both sides.

2. The petitioner herein presented the petition mentioned sale deed before the second respondent. It is kept as a pending Document No.25 of 2020 by the registering authority /R2. Before the document could be released, one Saminathan's brother Chinniah lodged objections. The registering authority also became aware that there is a dispute regarding the marital status of the petitioner herein. He therefore informed the petitioner that based on the outcome of the writ petitions filed before this Court, the decision regarding registering and releasing the document will be taken. This stand of the registering authority set out in the letter dated 21.12.2020 is put to challenge in this writ petition. The petitioner had earlier filed W.P.(MD)No.15009 of 2020. In the said writ petition, one Pushpa was shown as one of the respondents.

The Writ Petition was disposed of by me that the jurisdictional civil Court will decide who is the legally wedded wife of Saminathan. Therefore, the impugned letter will abide by the outcome of the Judgment and decree to be made in O.S.No.5 of 2021 on the file of the District Munsif Court, Thirumayam.

3. The Writ Petition is disposed of accordingly. No costs. 10.01.2024 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Registrar (Admin) Pudukottai District.

2.The Sub Registrar, O/o Keelanilai Sub Registrar Office, Camp K.Pudupatti, K.Pudupatti (post), Tirumayam Taluk, Pudukottai District.

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G.R.SWAMINATHAN, J.

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