Sundaram.V.R v. The Inspector General Of Registration,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.17718 of 2022 and W.M.P.(MD)No.12910 of 2022 V.R.Sundaram ... Petitioner Vs.

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

2.The District Registrar (Administration), O/o.District Regitrar Office, Karaikudi, Sivagangai District.

3.The Sub Registrar, Sub Registrar Office, Devakottai, Sivagangai District.

4.The Revenue Divisional Officer Devakottai, Sivagangai District.

... 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 2nd and 3rd respondents, their agents, without the petitioners knowledge not to register the 1/4

the petitioners land bearing Old Survey No.134/4 in New Survey No.63/4, 63/4B2 and 63/4B3, to an extent of 86 cents, situated at Erolivayal Village, Kannangottai Group, Devakottai Taluk, Sivagangai District, till the 4th respondent will be passed an order in the petitioners appeal petition in Na.Ka.A1 No.4970/2022 dated 16.05.2022 on the basis of the petitioner objection petition dated 17.06.2022 and pass appropriate orders within a time frame fixed by this Court.

For Petitioner : Mr.P.R.Boomee Rajan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner has given an appeal before the fourth respondent for making changes in the revenue record. It is stated that a direction has already been issued to the fourth respondent for time bound disposal of the writ petitioner's appeal.

3. The case of the petitioner is that till the fourth respondent passes the final order, the registering authority should not entertain any document in respect of the petition mentioned survey numbers. Such a relief would amount to passing a final order in the nature of an interim order. The Hon'ble Supreme 2/4

Court in the decision reported in AIR 1952 SC 12 (State of Orissa Vs. Madangopal Rungta) has held that while granting the final relief under Article 226 of the Constitution of India, it cannot be in the nature of an interim relief.

4. Therefore, I decline to entertain the writ petition. The Writ Petition is dismissed. I make it clear that the rights of the writ petitioner are left open. No costs. Consequently, connected miscellaneous petition is closed. 10.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

2.The District Registrar (Administration), O/o.District Regitrar Office, Karaikudi, Sivagangai District.

3.The Sub Registrar, Sub Registrar Office, Devakottai, Sivagangai District.

4.The Revenue Divisional Office,r Devakottai, Sivagangai District.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.17718 of 2022 10.08.2022 4/4