Madras High CourtWP(MD)/21035/2016dismissed

P.Dharmendra v. The District Registrar

2016-11-03Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.21035 of 2016 P.Dharmendra ... Petitioner Vs.

1.The District Registrar, Trichy District, Trichy.

2.The Sub-Registrar, K.Sathanur, Palani Nagar, Trichy - 21.

3.A.Visalakshi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation, dated 02.03.2016.

For Petitioner : Mr.K.Neelamegam For RR 1 & 2 : Mr.R.Anandharaj Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate, who takes notice for the respondents 1 & 2.

2.The petitioner has filed the present Writ Petition to direct the respondents 1 and 2 to consider his representation, dated 02.03.2016.

3.The petitioner entered into an agreement with the third respondent/Visalakshi on 06.07.2012 to purchase the property belongs to her and the petitioner has paid advance amount and he is also ready to pay the balance amount, but the third respondent avoiding the registration of the document. Now, she is trying to sell the property in favour of third party. Hence, the petitioner https://hcservices.ecourts.gov.in/hcservices/

made a representation to the Sub-Registrar not to register the property likely to be executed by Visalakshi. So far his representation is not considered, he has filed the present Writ Petition.

4.Admittedly, the petitioner is an agreement holder and the only remedy available to the petitioner is to approach the civil Court based on the sale agreement and he cannot seek for a direction to direct the Sub-Registrar not to register the document, for which the Sub-Registrar has no power. Accordingly, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar ps To 1.The District Registrar, Trichy District, Trichy.

2.The Sub-Registrar, K.Sathanur, Palani Nagar, Trichy - 21.

+1cc to Mr.K.Neelamegam Advocate Sr.No. 65262 +1cc to Spl.Government Pleader Sr.No.

66044 JAM/14.11.16/GSV-PM/ 2p-5c W.P(MD)No.21035 of 2016 03.11.2016 https://hcservices.ecourts.gov.in/hcservices/