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Madras High CourtWP(MD)/15864/2021dismissed

Indarchand Lall Alias I.M.Lall, v. The District Registrar

2023-12-13Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 13.12.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Indarchand Lall Alias I.M.Lall ... Petitioner Vs

1. The District Registrar, District Registrar Office, District Court Campus, Trichy-1, Trichy District.

2. The Sub-Registar, Sub-Registrars Office, Thiruverumbur, Trichy District.

3. Ramjan Begam

4. T.Palanivel ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to cancel the encumbrance pertaining to cancellation deed No.2763/2001 on his file, in the light of petitioner's representation, dated 24.07.2021 within the stipulated period as may be fixed by this Court. 1/4

For Petitioner : Mr.R.Sundar For Respondents : Ms.S.Jeyapriya (R1 to R3) Government Advocate Mr.M.Saravanan (R4)

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the second respondent to cancel the encumbrance pertaining to cancellation deed No.2763/2001 based on the representation made by the petitioner on 24.07.2021. 2.The relief sought for in this writ petition cannot be granted. This is in view of the fact that there is already a pending suit in O.S.No. 877 of 2014 on the file of III Additional District Munsif Court Tiruchirapalli. That apart, this Court has also passed an order in review application in Rev.Appl.Writ(MD) No. 232 of 2023, on 13.12.2023. Hence, it will be left open to the parties to raise all the grounds before the concerned Civil Court and the Civil Court will deal with the same on its own merits and in accordance with law.

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3.This writ petition stands disposed of in the above terms. No costs.

13.12.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PNM To

1. The District Registrar, District Registrar Office, District Court Campus, Trichy-1, Trichy District.

2. The Sub-Registar, Sub-Registrars Office, Thiruverumbur, Trichy District.

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N.ANAND VENKATESH, J.

PNM ORDER IN 13.12.2023 4/4