← Library
Madras High CourtWA(MD)/606/2021dismissed

P.Buvaneshwaran v. The District Registrar

2026-01-09Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Kalaimathi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI P.Buvaneshwaran ... Appellant Vs.

1.The District Registrar, Sivagangai, Sivagangai District.

2.The Sub Registrar, Tiruppuvanam, Sivagangai District.

3.Saravanakumar 4.Karthick 5.Manickavalli 6.Alagar Samy ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.557 of 2021 dated 19.01.2021 on the file of this Court. 1/6

For Appellant : Mr.J.Anandkumar For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 & R2.

JUDGMENT

(By G.R.SWAMINATHAN, J.) The unsuccessful writ petitioner has filed this writ appeal. The prayer in the writ petition was to forebear the authority from registering any document in respect of the petition mentioned land. The learned Single Judge dismissed the writ petition vide order dated 19.01.2021 in the following terms:- "4.The present grievance of the petitioner is that while enquiry is pending before the Revenue Divisional Officer, Sivagangai, the third parties having obtained the patta fraudulently and now attempting to create encumbrance in the property in question. In the circumstances, the petitioner submitted a representation to the 2nd respondent on 17.09.2020. The representation being not disposed of, the petitioner is before this Court seeking for issuance of Writ of Mandamus. 5.From the above factual aspects, it is very clear that the title dispute in regards to the S.Nos.9/1 and 9/2, is pending before the Revenue Divisional Officer concerned and no final order has been passed. In the meanwhile, the question of the petitioner 2/6

approaching the respondents 1 and 2 for cancellation of the Will or any other instrument does not arise at all.

6.It is always open to the petitioner to obtain final orders in the proceedings before the Revenue Divisional Officer concerned and thereafter, he can initiate further action, according to the outcome of the proceedings of the Revenue Divisional Officer. It is certainly not open to the petitioner to initiate any parallel proceedings by approaching this Court for issuance of any direction in the meanwhile. This Court finds that that there is no specific cause of action for the petitioner to approach this Court and this writ petition appears to be premature and hence, it is dismissed. No costs."

2.A relief of this nature has to be necessarily obtained only before the jurisdictional Civil Court. The writ appeal is dismissed. No costs. (G.R.S. J.,) & (R.K.M. J.,) 09.01.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:

1.The District Registrar, Sivagangai, Sivagangai District.

2.The Sub Registrar, Tiruppuvanam, Sivagangai District.

4/6

5/6

G.R.SWAMINATHAN, J.

and R.KALAIMATHI, J.

ias 09.01.2026 6/6