Madras High CourtWP(MD)/13555/2024disposed of

C.Ramesh Kumar v. The Sub Registrar

2024-06-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.Ramesh Kumar ... Petitioner Vs.

1.The Sub Registrar, Keezhsathanur Sub Registrar Office, Palani Nagar, K.K.Nagar, Trichy-620 021.

2.H.A.Martin 3.Jeevajothi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to forbear from registering any sale agreement / sale deed / any other deed / creating encumbrance executed by the 2nd and / or 3rd respondents or their power agent or any other person, in respect of the Housing Property viz Plot No.58 situated in Pasumai Nagar Housing Lay out laid in totally 7 ac. 99 cents located in Survey No.190/1 (2 ac. 85 cents) and Survey No.191/2 (5 ac. 14 1/4

cents) in Keezhasathanur Kottapattu within Keezhasathanur Sub Registrar Office, Trichy, admeasuring East to West on North 69 feet and on south 66 feet, North to South on both sides 65 feet, totally extent of 4387 1⁄2 sq.ft. (407.60 sq.mt), considering the Dispute Application (jlq;fy; kD) No.S01LANDVV2026187384026-Registration No.REG20249618378 5558 dated 18.06.2024 filed by the petitioner.

For Petitioner : Mr.R.M.Makesh Kumarvel For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader for R1

ORDER

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader for R1.

2. The petitioner wants this Court to restrain the private respondents from dealing with the petition mentioned property. Of-course, the relief is sought only against the registering authority. But then, in essence, the issue involves a pure private dispute. The registering authority has received protest petition from the petitioner and he is called upon to dispose it of on merits and in accordance with law. The petitioner is also given liberty to move the 2/4

jurisdictional civil Court and obtain a restraint order against the private respondents herein. If any suit is filed, it shall be numbered immediately and if any IA is filed, it shall be disposed of as expeditiously as possible.

3. With this direction to the first respondent and liberty to the petitioner to move the jurisdictional civil Court, the Writ Petition is disposed of. No costs.

25.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 26.06.2024 To The Sub Registrar, Keezhsathanur Sub Registrar Office, Palani Nagar, K.K.Nagar, Trichy-620 021.

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G.R.SWAMINATHAN, J.

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