M.Ramasubramanian, v. The Sub Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.05.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12654 of 2019 M.Ramasubramanian ... Petitioner Vs
1. The Sub-Registrar, Palayamkottai Joint-I, Tirunelveli District.
2.Anura ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to stop the further transaction with regard to the transfer of property in T.S.No.62/3 and 62/4, situated at Perumal Sannathi Street, Tirunelveli Junction, Tirunelveli District, which is the suit property in O.S.No.20 of 2019 on the file of the I Additional District Court, Tirunelveli District, pending disposal of the suit. For Petitioner : Mr.S.Balasubramanian For R1 : Mr.Murugan Government Advocate
ORDER
The petitioner herein had already filed O.S.No.20 of 2019 before the I Additional District Judge, Tirunelveli, in respect of the petition mentioned properties. Therefore, it is for the petitioner to work out his right in the pending suit, the petitioner cannot move this Court for restraining the Registering Authority from registering a document in respect of the suit property. 2.The Court would not be justified in restraining a Statutory Authority from discharging his statutory function. It is for the petitioner to get an order in the pending suit. Leaving open the rights of the petitioner to be worked out in the pending suit, this writ petition is closed. No costs.
sd/ Assistant Registrar(crl.side)/ Vacarion Officer /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/
To The Sub-Registrar, Palayamkottai Joint-I, Tirunelveli District.
W.P.(MD)No.12654 of 2019 29.05.2019 cmr MK (12.06.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/