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Madras High CourtWP(MD)/16488/2020dismissed

Sivagangai Samasthanam Devasthanam v. The Inspector General Of Registration

2020-11-23Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and W.M.P.(MD).No.13786 of 2020 Sivagangai Samasthanam Devasthanam through its Devasthanam Manager, Sivagangai.

... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinampakkam, Chennai - 600 028.

2.The Sub-Registrar, Office of the Sub-Registrar, Chittampatty, Othakkadai, Madurai District.

3.The Commissioner, Madurai Corporation, Madurai.

4.The Project Officer, City Survey, Madurai Corporation, Madurai.

5.J.Vivek ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent not to register any Document in respect of lands in Survey Nos.27/1, 2, 31/4, 61/1, 35/2A, 35/2B, 37/3, 37/5, 39/5, 6, 40/3, 40/6, 39/7, 46/7, 27/9, 27/1, 40/1, 27/3-B, 39/3A, 46/4 and 38, to an extent of 16 Acres 42 cents in Managalakudi Village, Madurai District without sanction under Section 34 of the Tamil Nadu Act 22 of 1959 considering the representation of the petitioner to 2nd and 4th respondents dated 06.10.2020.

For Petitioner : Mr.S.Manohar For Respondents : Mr.M.Murugan Government Advocate For R1 and R2 Mr.Prabhu Ramachandran For R3 1/3

ORDER

This writ petition has been filed for issuance of a direction to the second respondent to consider the petitioner's representation dated 06.10.2020, requesting not to register any document pertaining to the lands in Survey Nos. 27/1, 2, 31/4, 61/1, 35/2A, 35/2B, 37/3, 37/5, 39/5, 6, 40/3, 40/6, 39/7, 46/7, 27/9, 27/1, 40/1, 27/3-B, 39/3A, 46/4 and 38, to an extent of 16 Acres 42 cents in Managalakudi Village, Madurai District without sanction under Section 34 of the Tamil Nadu Act 22 of 1959.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents 1 and 2 and Mr.Prabhu Ramachandran, learned counsel takes notice for R3. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. Though the petitioner has sought for disposal of his representation dated 06.10.2020, such a blanket direction cannot be issued by this Court. A reading of the representation shows that the remedy lies to the petitioner only before the Civil Court and this Court cannot look into the issue raised in this writ petition. Therefore, without touching the merits on any of the contention raised in this writ petition, this writ petition stands dismissed by granting liberty to the petitioner to agitate his grievance before the appropriate forum. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinampakkam, Chennai - 600 028.

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2.The Sub-Registrar, Office of the Sub-Registrar, Chittampatty, Othakkadai, Madurai District.

3.The Commissioner, Madurai Corporation, Madurai.

4.The Project Officer, City Survey, Madurai Corporation, Madurai.

+1 CC to M/s.B.PRABU RAMA CHANDRAN, Advocate ( SR-22486[F] dated 23/11/2020 ) +1 CC to M/s.SPL GP ( SR-22639[F] dated 24/11/2020 ) +1 CC to M/s.S,MANOHAR, Advocate ( SR-22779[F] dated 26/11/2020 ) 23.11.2020 PU(CO) KB(09.12.2020) 3P 8C 3/3