M.Manivannan, v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5334 of 2019 M.Manivannan ... Petitioner Vs 1.The District Registrar, Ramanathapuram District, Ramanathapuram.

2.The Sub Registrar, Sub Registrar Office, Sayalkudi, Ramanathapuram District.

3.V.VAzhalivittan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to register the petitioner's sale deed, which is pending document vide document No.P/Sayalkudi/1/2019 on the file of the second respondent pertaining to the Survey No.569/1B extent of 1.7.00 hctare at S.Tharaikudi Village, Kadaladi Taluk, Ramanathapuram District and release the document in accordance with law. For Petitioner : Mr.Rajakarthikeyan For R1 & R2 : Mr.M.Murugan Government Advocate For R3 : Mr.D.Senthil

ORDER

The petitioner had purchased the petition mentioned lands property from one Ayyasamy. The sale deed was executed in his favour for registration before the second respondent. The second respondent, however, did not register the same. Therefore, the writ petition has been filed.

2.When the matter was taken up for hearing, the learned counsel appearing for the third respondent brought to my notice that O.S.No.6 of 2019 is pending before the Subordinate Court, Mudukulathur, in respect of the suit property and that in I.A.No.14 of 2019, an order of interim injunction has been granted against the said Ayyasamy, who is the vendor of the writ petitioner. Therefore, the second respondent rightly denied to register the petition mentioned document. The only remedy open to the petitioner is to move the second respondent after the said interim https://hcservices.ecourts.gov.in/hcservices/

order is vacated. As on date no relief can be granted. Therefore, this writ petition is disposed of.

3.It is made clear that the writ petition has been disposed of only in view of the interim order granted in favour of I.A.No.14 of 2019 in O.S.No.6 of 2019. As and when, any development takes place in favour of the petitioner or his vendor, the petitioner is at liberty to move the second respondent once again. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) mm To 1.The District Registrar, Ramanathapuram District, Ramanathapuram.

2.The Sub Registrar, Sub Registrar Office, Sayalkudi, Ramanathapuram District.

+1CC TO MR.RAJA.KARTHIKEYAN, Advocate Sr. No.61487 +1CC TO MR.D.SENTHIL, Advocate Sr. No.61442 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.61539 W.P.(MD)No.5334 of 2019 16.04.2019 KG(CO) TR (10.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/