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Madras High CourtWP(MD)/21249/2014disposed of

R. Susila v. The Sub Registrar

2016-12-19Honourable Mr Justice K. Ravichandrabaabu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)Nos. 21249 and 21250 of 2014 and M.P(MD)Nos. 1 and 1 of 2014 & 1 and 1 of 2015 W.P(MD)No. 21249 of 2014 R. Susila ..Petitioner Vs

1. The Sub-Registrar, Chinnamanur Sub-Registrar Office, Chinnamanur, Theni District.

2. R. Arumugam

3. B. Amutha

4. Minor. B. Keerthana Rani

5. Minor. Divakar (Minors represented by their Mother and Natural Guardian, the 3rd Respondent herein ) ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 1st respondent from Registering the Documents Deeds in Survey No. 325/1A1 325/1A2 325/1A3 325/1B situated at Seelaiyampatti Village, Uthamapalayam Taluk, within the Sub Registration District of Chinnamannur, Theni District based on the representation of the petitioner dated 17.06.2014. (Prayer amended vide order of this Court, dated 17.6.2015) W.P(MD)No. 21250 of 2014 B. Lakshmi ..Petitioner Vs

1. The Sub-Registrar, Chinnamanur Sub-Registrar Office, Chinnamanur, Theni District.

2. R. Arumugam

3. B. Amutha

4. Minor. B. Keerthana Rani

5. Minor. Divakar (Minors represented by their Mother and Natural Guardian, the 3rd Respondent) ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 1st respondent from Registering the Documents, Deeds in Survey No. 325/1A1, 325/1A2, 325/1A3, 325/1B situated at Seelaiyampatti Village, Uthamapalayam Taluk, within the Sub Registration District of Chinnamannur, Theni District based on the representation of the petitioner dated 17.06.2014. (prayer amended as per order of this Court dated 17.6.2015) For Petitioner : Mr. V. Singan in both W.Ps For Respondents : Mr.A. Muthukaruppan for R1, in both W.Ps' Additional Government Pleader : No Appearance - R2 : Mr. R. Suriyanarayanan for R3 to R5 COMMON ORDER In both these Writ Petitions, the respective writ petitioners sought for mandamus forbearing the respective Sub-Registrars from registering the documents, deeds in respect of the subject-matter property.

2.The learned counsel for the Petitioners in both these Writ Petitions fairly submitted that as between the Petitioners and the contesting private respondents, a civil suit for partition culminated into a First Appeal in A.S.No.7 of 2016, is pending on the file of the District Court, Theni and therefore, the Petitioners would work out their remedy before the District Court, Theni in the pending first appeal.

3.Recording the above said submissions,these Writ Petitions are disposed of by granting liberty to the Petitioners to work out their remedy in the first appeal. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/ Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To The Sub Registrar, Chinnamanur Sub-Registrar Office, Chinnamanur, Theni District.

+1CC to M/S.R.Suriya Narayanan, Advocate, SR.No. 81982 +1CC to the Special Government Pleader, SR.No. 81884 W.P(MD)Nos. 21249 and 21250 of 2014 and M.P(MD)Nos. 1 and 1 of 2014 & 1 and 1 of 2015 19.12.2016 vsn AM/27.12.2016/3P/4C