Madras High CourtWP(MD)/1516/2021dismissed

Radhakrishnan.K v. The District Registrar

2021-03-01Honourable Mr Justice V. Parthiban2 pages

W.P.(MD)No.1516 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.1516 of 2021 and W.M.P.(MD) No.1302 of 2021 K.Radhakrishnan .. Petitioner Vs 1.The District Registrar, Registrar Office, Combined Court Buildings, Contonement, Tiruchirappalli.

2.The Sub Registrar, Sub Registrar's Office, Lalgudi, Lalgudi Taluk, Tiruchirappalli District.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned communication of the 2nd respondent dated 12.03.2020 in Refusal No. RFL/Lalgudi/65/2020 and quash the same and directing the 2nd respondent to register the documents styled as sale Deed dated 11/03/2020 bearing pending Regn. No. TP/89202794/2020 (in favour of Smt. Syamala) executed by the petitioner which has been presented for registration on 12/03/2020 in accordance with law.

For Petitioner : Mr.R.Sundar Srinivasan For Respondents : Mr.K.Sathiya Singh Additional Government Pleader

ORDER

Challenging the refusal order passed by the 2nd respondent in regard to the registration of documents presented by the petitioner, namely, two separate sale deeds, on the ground that the properties are the part of the partition suit in O.S.No.90 of 2016 on the file of the 2nd Additional Sessions Judge, Tiruchirappalli, the present writ petition has been filed.

2.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents would submit that the subject matter of the sale deeds for registration is the subject matter of the partition suit pending before the civil Court and therefore, the 2nd respondent rightly refused to register the documents presented by the petitioner. He would therefore submit that it is not open to the petitioner to challenge the same before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1516 of 2021 3.This Court has gone through the suit schedule properties and found that the properties, which are the subject matter of the sale deeds, are shown as Item Nos.4 and 5 in the suit schedule properties of the pending suit. Therefore, the 2nd respondent rightly refused to register the documents presented by the petitioner. 4.As rightly contended by the learned Additional Government Pleader, proper remedy for the petitioner is to have recourse to the civil proceedings or wait for the outcome of the pending civil suit. However, it is certainly not open to the petitioner to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to challenge the refusal order passed the 2nd respondent, dated 12.03.2020.

5.In view of the position as narrated above, this Court finds that the Writ Petition is not maintainable and accordingly, the same stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The District Registrar, Registrar Office, Combined Court Buildings, Contonement, Tiruchirappalli.

2.The Sub Registrar, Sub Registrar's Office, Lalgudi, Lalgudi Taluk, Tiruchirappalli District.

+1 CC to M/s.R.SUNDAR SRINIVASAN, Advocate ( SR-8081[F] dated 02/03/2021 ) +1 CC to M/s.Additional Government Pleader ( SR-8240[F] dated 02/03/2021 ) W.P.(MD)No.1516 of 2021 01.03.2021 SJ(CO) KB(15.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2