Madras High CourtWP(MD)/8892/2021dismissed

Chitra v. The District Registrar

2021-04-30Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.8892 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.8892 of 2021 (Through Video Conferencing) Chitra ... Petitioner Vs.

1.The District Registrar O/o the District Registrar, Dindigul District.

2.The Sub Registrar, O/o. the Sub Registrar, Iyyampalayam Dindigul District ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 20.04.2021 within the period that may be stipulated by this Court. For Petitioner :Mr.S.M.A.Jinnah For Respondents :Mr.K.Sathiya Singh Additional Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 20.04.2021, wherein the petitioner has objected to the registration of any document pertaining to the subject property.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents.

3.It is an admitted fact that the petitioner has filed a suit in O.S.No.19/2021 before the Principal Sub Court, Dindigul seeking for the relief of declaration and for partition. If really there is an apprehension of the property being dealt with by the rival claimants and third party rights are attempted to be created, it is https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8892 of 2021 always left open to the petitioner to file appropriate petition before the concerned Court and seek for a restraint of the transfer of the property.

4.When the suit is pending before the concerned Court, the petitioner cannot be parallely allowed to file a protest petition before the Registrar and seek for an enquiry to stop further registration.

5. In the result, this Court is not inclined to grant the relief as sought for by the petitioner and it is left open to the petitioner to work out her remedy in the pending suit. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Registrar O/o the District Registrar, Dindigul District.

2.The Sub Registrar, O/o. the Sub Registrar, Iyyampalayam, Dindigul District +1 CC to M/s.GP ( SR-18368[F] dated 03/05/2021 ) W.P.(MD)No.8892 of 2021 30.04.2021 AS(08.06.2021)3P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2