Sethuraman v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sethuraman ... Petitioner Vs.

1.The District Registrar, Office of the District Registrar, Pudukottai District.

2.The Sub Registrar, Office of the Sub Registrar, Ponnamaravathi, Pudukottai District.

3.The Revenue Divisional Officer, Office of the Revenue Division, Iluppur, Pudukottai District.

4.Manikavasagam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 not to register any document by utilizing the Joint Patta No.479 in respect of Survey No.240/3 to an extent of 0.05.0 ares 1/4

situated at Old Door No.11A, New Door No.20A, Chidambaram Settiyar Lane, Ponnamaravathi Taluk, Pudukottai District by considering the petitioner's representation dated 28.02.2024. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R.1 to R.3

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3. Considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.

2.The petitioner apprehends that the fourth respondent may fraudulently register a document in respect of the petition mentioned property.

3.The learned Additional Government Pleader would point out that as on date no cause of action has arisen. The fourth respondent has not presented any document till date.

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4.Since notice has not been issued to the fourth respondent, I cannot enter into the merits of the matter. The only direction that is now given is that the second respondent will keep any document received from the fourth respondent pending for a period of two weeks from today (08.03.2024). It is for the petitioner to move the jurisdictional civil Court in the meanwhile. If any suit is filed by the petitioner, it shall be numbered immediately. If any Interlocutory Application is filed by the petitioner it shall also disposed of as expeditiously as possible. The rights of the parties will abide by the outcome of the order to be passed by the civil Court.

5.With this direction to the second respondent and liberty to the petitioner herein, this writ petition is disposed of. There shall be no order as to costs.

08.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 11.03.2024.

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G.R.SWAMINATHAN, J.

MGA To 1.The District Registrar, Office of the District Registrar, Pudukottai District.

2.The Sub Registrar, Office of the Sub Registrar, Ponnamaravathi, Pudukottai District.

3.The Revenue Divisional Officer, Office of the Revenue Division, Iluppur, Pudukottai District.

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