Sezhian S v. The Joint Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 22.08.2022 PRONOUNCED ON : 27.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9070 of 2022 S.Sezhian ... Petitioner Vs.

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

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

3.V.S.Kamarudeen 4.Seyyad Ummu Khuldum ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the first respondent from registering or accepting any kind of document in respect of the property comprised in S.No.663/A2B and S.No.696/B1 admeasuring 29.33 cents situated at Melagaram Village, Kadayanallur Taluk, Tenkasi District. 1/4

For Petitioner : Mr.T.Arul for Mr.S.Balamurugan For R1 & R2 : Mr.J.K.Jayaseelan Government Advocate For R3 & R4 : no appearance

ORDER

Heard the learned counsel on either side.

2. The writ petitioner had filed W.P.(MD)No.2244 of 2022 questioning the order passed by the DIG of Registration, Tirunelveli labelling the sale deed dated 14.10.2009 executed in his favour as fraudulent. The said order was set aside and the writ petition was allowed by me.

3. Though writ petition has been filed as if relief against the first respondent is sought, in substance the petitioner seeks relief only against the private respondents. Such a relief cannot be granted in writ proceedings. If the petitioner apprehends that the private respondent may engage in transactions that may cast cloud on his rights, his remedy is to move the jurisdictional civil court.

4. With this liberty to the writ petitioner, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 27.09.2022 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The Joint Sub-Registrar Unit-II, Tenkasi, Tenkasi District.

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

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G.R.SWAMINATHAN, J.

rmi and W.M.P.(MD)No.9070 of 2022 27.09.2022 4/4