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Madras High CourtWP(MD)/12072/2024disposed of

M.Abudhahir v. The Sub Registrar

2024-06-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Abudhahir ... Petitioner Vs.

1.The Sub Registrar, Nagal Naickenpatti Sub-Registrar Office, Velu Natchiyar Campus, Dindigul, Dindigul District.

2.The Joint Sub-Registrar, Joint Sub Registrar Office No.II, Velu Natchiyar Campus, Dindigul, Dindigul District.

3.Sulthan Ibrahim 4.Mohammed Ibrahim ... 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 1st and 2nd respondents herein from registering the documents with regard to property in Dindigul Town T.S.No.1503/5, Plot No.16 and 17 to an extent of 3200 Sq.Feet, T.S.No.695 to an extent of 1344 Sq.Feet, T.S.No.1496/1 (New T.S.No.1496/1F) to an extent of 5265 Sq.feet, T.S.No.125 to an extent of 8082 1/2 Sq.feet, T.S.No.1489/1B to an extent of 29492 Sq.feet, Pallapatti Village Old Survey 1/4

No.731/6 (New Survey No.839/1) to an extent of 5 acre 95 cents, 822/5, Dindigul Town T.S.No.572/7 to an extent of 841 1⁄2 Sq.feet, T.S.No.571/1 Plot No.6 (915 Sq.feet), Plot No.12 (900 Sq.feet), Plot No.13 (900 Sq.feet), Plot No. 8 (930 sq.feet) and Plot No.9 (1202 1⁄2 Sq.feet), T.S.No.571/2, Plot No.26 (4197 1⁄2 Sq.feet), T.S.No.570/4 and 570/5, Plot No.16 (2050 Sq.feet), Plot No.13 (2050 Sq.feet), Plot No.14 (2050 Sq.feet), Plot No.15(2050 Sq.feet), Old T.S.No.112 (New T.S.No.112/2) to an extent of 627 3⁄4 Sq.feet and T.S.No.111 to an extent of 1935 3⁄4 Sq.feet based on the petitioner's representation dated 16.10.2023.

For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 & R2

ORDER

When the matter was taken up for hearing, it is seen that the petitioner has already filed O.S.No.335 of 2023 on the file of the Special Court for SC & ST Act cases, Dindigul. The private respondents herein have already been shown as defendants 3 & 4 in the said civil suit. The petitioner has to necessarily work out his rights only in the pending civil suit. I.A.No.2 of 2023 filed by the petitioner shall be disposed of by the learned trial Judge on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. The rights of the parties will abide by the outcome of the order to be passed by the learned Special Judge. 2/4

2. With this liberty to pursue his remedy in the pending proceedings and direction to the learned Special Judge to dispose of I.A.No.2 of 2023, the Writ Petition is disposed of. No costs.

10.06.2024 Index : Yes / No Internet : Yes/ No rmi NOTE: Registry is directed to mark a copy of this order to the learned Special Judge for SC & ST Act cases, Dindigul. To 1.The Sub Registrar, Nagal Naickenpatti Sub-Registrar Office, Velu Natchiyar Campus, Dindigul, Dindigul District.

2.The Joint Sub-Registrar, Joint Sub Registrar Office No.II, Velu Natchiyar Campus, Dindigul, Dindigul District.

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G.R.SWAMINATHAN, J.

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