Madras High CourtWP(MD)/10859/2022dismissed

Jeyabalan .G v. The Sub Registrar

2022-06-07Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.10859 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10859 of 2022 and W.M.P.(MD)No.7815 of 2022 G.Jeyabalan ... Petitioner Vs 1.The Sub Registrar, O/o. Sub-Registrar, Benny Quick Road, Near Benny Quick Bus Stand, Theni.

2.Subashini ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the impugned proceedings passed by the first respondent herein in Na.Ka.No.350/2021 dated 18.10.2021 and quash the same as illegal. For Petitioner : Mr.C.Sundaravadivel For Respondents : Mr.J.K.Jeyaseelan, Government Advocate for R.1

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent.

2. The petitioner and the father of the second respondent are locked in a civil litigation in O.S.No.352 of 2020 on the file of the Sub Court, Theni. The petitioner apprehending that the second respondent may deal with the suit items, filed objection before the first respondent. The first respondent went through the petitioner's objections and came to the conclusions that no restraint order can be passed because the petitioner has not obtained any injunction against the second respondent before the jurisdictional civil Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10859 of 2022

3. It is seen that some of the revenue documents are in the name of the second respondent. Therefore, the first respondent rightly came to the conclusion that the petitioner's request cannot be accepted. Of course, the rights of the parties will abide by the outcome of the suit filed by the petitioner herein. The order passed by the first respondent is well reasoned. Proper reasons have been assigned for negativing the petitioner's request.

4. With the observation that the rights of the parties will abide by the outcome of the civil suit, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To The Sub Registrar, O/o. Sub-Registrar, Benny Quick Road, Near Benny Quick Bus Stand, Theni.

+1 CC to M/s.SPL.GP ( SR-24606[F] dated 08/06/2022 ) W.P.(MD)No.10859 of 2022 07.06.2022 MGJ(17.06.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2