Pitchaimuthu.R v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.640 & 642 of 2022 R.Pitchaimuthu ... Petitioner Vs.

1.The Tahsildar, Aravakurichi Taluk, Aravakurichi, Karur District.

2.The District Registrar, Karur District, Karur.

3.The Sub-Registrar, The Office of Aravakurichi Sub-Registrar, SRO Street, Aravakurichi, Karur District.

4.Mallaiyan 5.Gopal 6.Ramayee 7.Nagarajan 1/4

8.Kalavathi 9.Mariammal 10.Pommuraj 11.Vellaiyammal 12.Priyanga 13.Pragathi (R.9 to R.13 are impleaded vide order of this Court dated 16.04.2024 in W.M.P(MD)No.24576 of 2023) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the entire records related tot he impugned certificate issued by the first respondent in Mu.Mu. 2373/2017(Aa2) dated 26.05.2017 and quash the same. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.T.Villavan Kothai Additional Government Pleader for R.1 to R.3 Mr.B.Saravanan for R.4 to R.8

ORDER

Heard both sides.

2.The petitioner challenges the certificate issued by the Tahsildar, Aravakurichi granting "No Objection Certificate" for registering the 2/4

petition mentioned partition deed. I fail to understand under what provision of law such certificate was issued. The impugned certificate enclosed in the typed set of papers also does not indicate any statutory provision. In fact, it deserves to be set aside. But I refrain from doing so because of the subsequent developments that have taken place. 3.The learned counsel appearing for the private respondents points out that the partition deed was registered on 19.02.2020 itself and thereafter the petitioner herein has also filed O.S.No.33 of 2021 on the file of the District Munsif Court, Aravakurichi. The petitioner can very well work out his rights in the pending suit. In view of the subsequent developments, the matter has become infructuous. 4.This writ petition stands closed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 16.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN,J.

MGA To 1.The Tahsildar, Aravakurichi Taluk, Aravakurichi, Karur District.

2.The District Registrar, Karur District, Karur.

3.The Sub-Registrar, The Office of Aravakurichi Sub-Registrar, SRO Street, Aravakurichi, Karur District.

Copy to The District Munsif Court, Aravakurichi.

and W.M.P(MD)Nos.640 & 642 of 2022 16.04.2024 4/4