Ramesh v. The District Registrar

W.P.(MD)No.4916 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.4916 of 2021 Ramesh .. Petitioner vs 1.The District Registrar, Sivagangai, Sivagangai District.

2.The Sub Registrar, Ilayangudi Sub Registrar Office, Ilayangudi, Sivagangai District.

3.Guruvammal .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent not to register any sale deed, mortgage deed and any document pertaining to the property in Survey Nos.93/5, 98/6 situated at Thayamangalam Village, Ilayangudi Taluk, Sivagangai District and Survey Nos.108/1, 103/2, 98/7 situated at Devathagudi Group Village, Illayangudi Taluk, Sivagangai District. For Petitioner : Mr.K.Malaimaran For R1 & R2 : Mr.K.Sathiya Singh Additional Government Pleader

ORDER

According to the petitioner, his mother was trying to register the ancestral properties in favour of his sisters and brothers and being aggrieved by his mother's action, he is before this Court seeking a direction to the Registering Authority not to register any documents relating to the ancestral properties affecting his right.

2.This Court finds that the affidavit filed in support of this writ petition is completely bereft of any details in regard to the grievances projected by the petitioner. Therefore, this Court is unable to appreciate as to how on the basis of the bald and sketchy averments and also self-serving statements of the petition, a direction as sought could be issued to the Registering Authority. 3.In the opinion of this Court, there is no cause of action for the petitioner to approach this Court at this juncture. In case, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4916 of 2021 any document is being illegally and unjustly registered against his interest, it is always open to the petitioner to workout his remedy in a manner known to law. Even otherwise, proper course for the petitioner in the circumstances of the case is to approach the civil Court and it is certainly not open to the petitioner to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for enforcement of his private dispute against the other legal heirs.

4.For the above said reasons, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Registrar, Sivagangai, Sivagangai District.

2.The Sub Registrar, Ilayangudi Sub Registrar Office, Ilayangudi, Sivagangai District.

+1 CC to M/s.Addl. GP ( SR-10103[F] dated 10/03/2021 ) W.P.(MD)No.4916 of 2021 09.03.2021 sss(CO) TR(07.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2