S.Mariyasanthi v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN S.Mariyasanthi ... Petitioner /Vs./
1. The District Registrar, Dindigul District Registration Office, Dindigul District.
2. The Sub Registrar, Joint-II, Sub Registrar Office, Dindigul District Registrar Office, Dindigul District.
3. S.Manickam ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 for not to register any deed in petitioner's property in respect of Survey Nos. T.S. 8/1A, T.S.32/55/1A1, T.S.58, T.S.55/1 and T.S.954 an extent 3.25 Acres situated at Dindigul Registrar District, Dindigul Joint-II, Sub Registrar 1/6
Office, Adiyanoothu Village, Dindigul Town, 6th Ward based on petitioner's complaint dated 04.12.2024.
For Petitioner : Mr.S.Pugalendhi For Respondents : Mr.D.Sadiq Raja, Addl. Government Pleader (R1 & R2)
ORDER
This writ petition has been filed seeking for a direction to the respondents 1 and 2 not to register any deed in respect of the petitioner's property in Survey Nos. T.S.8/1A, T.S.32/55/1A1, T.S.58, T.S.55/1 and T.S.954 measuring to an extent 3.25 Acres situated at Dindigul Registrar District, Dindigul Joint-II, Sub Registrar Office, Adiyanoothu Village, Dindigul Town, 6th Ward, based on petitioner's complaint dated 04.12.2024.
2. Considering the nature of the order going to be passed in this writ petition, notice to the third respondent is dispensed with. Heard the learned counsel on either side and perused the materials placed before this Court.
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3. The petitioner submitted a representation dated 04.12.2024, thereby raised objections not to register any deed in respect of the property in Survey Nos. T.S.8/1A, T.S.32/55/1A1, T.S.58, T.S.55/1 and T.S.954 measuring to an extent 3.25 Acres situated at Dindigul Registrar District, Dindigul Joint-II, Sub Registrar Office, Adiyanoothu Village, Dindigul Town, 6th Ward, which is to be presented by the third respondent.
4. There is a dispute in respect of the subject property between the petitioner and the third respondent. The third respondent also filed a suit in OS No.105 of 2023 on the file of the District Munsif Court, Dindigul and it was pending for trial, in which the petitioner was set ex-parte. Subsequently, the petitioner filed an application to set aside the ex-parte decree and it is also pending. The petitioner ought to have filed a protest petition if any objections in respect of the subject property, before the registering authority by paying requisite fee.
5. In view of the above, the petitioner is at liberty to file a protest petition in accordance with law on payment of requisite fee. On receipt 3/6
of the same, the second respondent is directed to conduct an enquiry, if any document is presented for registration by the third respondent, after affording an opportunity of hearing to the parties concerned and pass orders on merits and in accordance with law. Accordingly, this writ petition is disposed of. No costs.
24.01.2025 Index : Yes / No NCC : Yes / No Sm 4/6
TO:-
1. The District Registrar, Dindigul District Registration Office, Dindigul District.
2. The Sub Registrar, Joint-II, Sub Registrar Office, Dindigul District Registrar Office, Dindigul District.
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G.K.ILANTHIRAIYAN , J.
Sm Order made in Dated:
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