Madras High CourtWP(MD)/6361/2024dismissed

P.Murugesan v. The Sub Registrar

2024-03-18Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.6038 of 2024 1.P.Murugesan 2.P.Selvaraj 3.M.Mariappan 4.M.Backiyalakshmi 5.S.Muthulakshmi ... Petitioners Vs.

1.The Sub Registrar, Joint-II Sub Registrar Office, Tenkasi, Tenkasi District.

2.M.Puthiya Bhaskar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents herein, their agents, servants or any one claiming under them from in an any manner by registering any mortgage or other deeds relating to the public trust Chairman Chinnapandian Charitable Trust lands in S.Nos. 1596, 1506, 1495, 1499/1, 1500/1, totally to an extent of 18 acres 68 cents, situated at Tenkasi Village, Tenkasi Taluk and District, without prior permission from the 1/4

jurisdictional Civil Court, under Section 92 of the Civil Procedure Code and in violation of the byelaws of the Trust Deed dated 30.01.1985, specifically in clause 13 (iv).

For Petitioners : Mr.V.R.Shanmuganathan For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

Heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the first respondent.

2. The petitioners claim that the properties belonging to the public trust are sought to be encumbered and alienated. They therefore want this Court to direct the registration authority to refuse registration, if prior permission from the jurisdictional civil Court has not been obtained under Section 92 of C.P.C. I am not inclined to entertain the writ petition. The registering authority is yet to take a call in the matter. If final order has been passed by the registering authority and if it is adverse to the petitioners, then, probably they can come to this Court questioning the same. Cause of action is yet to arise. Writ petition has been prematurely filed. I make it clear that I have not gone into the merits of the matter.

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3. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

18.03.2024 Index : Yes / No Internet : Yes/ No rmi To The Sub Registrar, Joint-II Sub Registrar Office, Tenkasi, Tenkasi District.

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G.R.SWAMINATHAN, J.

rmi 18.03.2024 4/4