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Madras High CourtWP(MD)/7892/2019allowed

Abdul Jaffar, S/O. Mr. Nainar v. The Sub Registrar,

2019-04-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7892 of 2019 Abdul Jaffar ... Petitioner Vs.

1. The Sub Registrar, Kariyapatti Sub Registrar Office, Kariyapatti, Virudhunagar District.

2. The District Registrar, Virudhunagar.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to register the deed of family arrangement dated 21.08.1991 presented in the office of the first respondent on 21.02.2019.

For Petitioner : Mr.M.Rajaraman For Respondents : Mr.M.Murugan, Government Advocate.

* * *

O R D E R

Heard the learned counsel on either side.

2. The Writ petitioner has presented a document dated 21.08.1991 for registration before the first respondent. It is seen that the second respondent had already issued a directive in this regard vide communication Na.Ka.No.482/A1/2019 dated 04.03.2019. The first respondent is obliged to comply with the said directive. The second respondent is a superior authority and therefore, the first respondent cannot sit in Judgment over the direction given by the second respondent. The first respondent is directed to register the petition mentioned document in terms of the directive dated 04.03.2019 issued by the second respondent.

3. The Writ petition stands allowed, accordingly. No costs. Sd/- Assistant Registrar (W) / True Copy / https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS)

pmu To

1. The Sub Registrar, Kariyapatti Sub Registrar Office, Kariyapatti, Virudhunagar District.

2. The District Registrar, Virudhunagar.

+1 CC to M/s.M.RAJARAMAN, Advocate ( SR-64137[F] dated 30/04/2019 ) +1 CC to M/s.SPL GP ( SR-64977[F] dated 02/05/2019 ) W.P.(MD)No.7892 of 2019 29.04.2019 ES/20.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/