Balasubramanian. R v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD) No.10167 of 2023 R.Balasubramanian ... Petitioner /vs./ 1.The Sub Registrar, Melakarur, Karur District.

2.Ramasamy 3.Mani 4.Subramani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent not to release the documents pending in P.Nos.34, 35 and 36/2023 on the file of the 1st respondent before passing final order in the enquiry initiated in terms of enquiry notice dated 05.04.2023.

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For Petitioner : Mr.M.Sureshkumar For R1 : Mr.S.Shanmugavel Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.It is seen that the petitioner has already filed O.S.No.204 of 2021 on the file of the District Munsif Court, Karur. The Registering Authority is shown as the fourth defendant. Respondents 2 to 4 herein are figuring as defendants 1 to 3 in the said suit. The petitioner can very well file an interlocutory application in the pending suit seeking the relief now sought for in the writ petition. The petitioner cannot maintain a parallel writ petition even during the pendency of the suit. Granting liberty to the petitioner to workout his remedy in the pending suit, the Writ Petition is disposed of. I make it clear that I have not gone into the merits of the matter. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 11.05.2023 Internet : Yes / No NCC : Yes/No mm 2/4

To The Sub Registrar, Melakarur, Karur District.

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G.R.SWAMINATHAN, J.

mm W.P.(MD)No.11720 of 2023 11.05.2023 4/4