Madras High CourtWP(MD)/12871/2020dismissed as infructuous

Vimala Pandiyan v. The Dist.Registrar

2023-06-15Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Vimala Pandiyan .. Petitioner Vs.

1.The District Registrar, Office of the District Registrar, Trichy.

2.The Joint Registrar No.1, Office of the Joint Registrar No.1, Trichy.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus forbearing the respondents herein from in any manner entertaining or registering any documents pertaining to the house property along with lane on the basis of the objections raised by the petitioner vide receipt No.11869/2020 dated 18.09.2020.

For Petitioner :

Mr.B.Jameel Arasu For Respondents :

Mr.T.Amjadkhan Government Advocate

ORDER

This writ petition is filed for the issue of a Writ of Mandamus forbearing the respondents herein from in any manner entertaining or registering any documents pertaining to the house property along with the lane on the basis of the objections raised by the petitioner vide Receipt No.11869/2020 dated 18.09.2020.

2. Counter affidavit is filed by the second respondent, in which the following has been stated:

"6. It is submitted that enquiry was conducted with respect to the objection petition of the petitioner and enquiry was conducted and both sides were heard.

7. It is submitted that with respect to the precedent doc. no. 190/1983, the borders of the property in Kela Mel Jathiyadi is altered as 18.5 and Then VadalJathiyadi is altered as 42 and with altered wrong measurements the document is presented for registration. Hence, on the basis of the above said finding, the document in Pending no.97/2021 refused in proceedings no.02/2021.

8. It is submitted that the objection petition in receipt no. 11869/2020 was enquired and the said document was refused. Hence, the writ petition becomes infructuous."

3. The above statement made by the second respondent would clearly show that the relief sought for has been granted. Therefore, this Writ Petition is dismissed as infructuous. However, there shall be no order as to costs.

15.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Registrar, Office of the District Registrar, Trichy.

2.The Joint Registrar No.1, Office of the Joint Registrar No.1, Trichy.

P.T.ASHA, J.

abr Dated: 15.06.2023