Madras High CourtREV.APLW(MD)/47/2025dismissed

M.Rengasamy v. Subramanian

2025-07-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN Rev.Application Writ (MD)No.47 of 2025 and WMP(MD)Nos.7188 & 7189 of 2025 M.Rengasamy ... Petitioner Vs.

1.Subramanian, S/o.Petchimuthu 2.The Inspector General of Registration, Mandhaveli, Chennai - 600 028.

3.The Join Sub Registrar - I, Palayamkottai, Tirunelveli District.

... Respondents Prayer: Review Application filed under Order 47 Rule 114 of CPC to review the order dated 05.04.2024 in WP(MD)No.6453 of 2024 on the file of this Court.

For petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.T.S.R.Venkatramana, Senior Advocate for Ms.V.Janakidevi for R1 Mr.G.Suriya Ananth Government Advocate for R2 and R3 1/4

ORDER

Heard both sides.

2.The review applicant herein seeks review of the order dated 05.04.2024 made in WP(MD)No.6453 of 2024. The first respondent herein, Subramanian, filed the said writ petition questioning the refusal check slip issued by the Joint Sub Registrar-I, Palayamkottai. I had set aside the refusal check slip and allowed the writ petition on 05.04.2024.

3.The review applicant herein states that the fact that the writ petitioner's vendor had given an undertaking before the civil court in O.S No.101 of 2023 on the file of the III Additional District Court, Tirunelveli not to alienate the property was not brought to my notice. I wanted to know the sequence of events. It is not in dispute that the undertaking was given only on 03.07.2023 by one S.Ulaganathan, the vendor of the writ petitioner Subramanian. It is also not in dispute that even on 27.06.2023, token was obtained from the registering authority and on 28.06.2023, the document was presented for registration. Since the undertaking was given subsequently to the presentation of the document, I am of the view that the same 2/4

cannot be put against the writ petitioner. The order passed by me on 05.04.2024 does not suffer from any error apparent on the face of the record.

3.This review application stands dismissed. No costs. Connected miscellaneous petitions are closed. 02.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No SKM To 1.The Inspector General of Registration, Mandhaveli, Chennai - 600 028.

2.The Join Sub Registrar - I, Palayamkottai, Tirunelveli District.

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G.R.SWAMINATHAN, J.

SKM Rev.Application Writ (MD)No.47 of 2025 and WMP(MD)Nos.7188 & 7189 of 2025 02.07.2025 4/4