Madras High CourtWP(MD)/17473/2021disposed of

Thiraviya Raja R v. The Joint Sub Registrar No.1

2021-09-29Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.17473 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.17473 of 2021 R.Thiraviya Raja ... Petitioner Vs.

The Joint Sub Registrar No.1, O/o. The Joint Sub Registrar No.1, Registration Department, Cheranmahadevi, Tirunelveli District. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to dispose the representation of the petitioner to cancel the Objection/Protest dated 16.08.2021 in accordance with the Registration Act 1908 and the Registration Rules within a time frame to be stipulated by this Court.

For Petitioner : Mr.N.Sankar Ganesh For Respondent : Mr.P.Subbaraj, Counsel for State.

ORDER

The petitioner seeks a direction in relation to the representation dated 16.08.2021 to cancel the Protest Petition lodged by one Thangavel.

2.The petitioner states that his father, Ramalinga Nadar, purchased parcels of land in different survey numbers from one Muthammal under Document No.1725/1980. The petitioner states that he and his family members approached the respondent to register a parcel of land admeasuring 25 Cents in Survey No.367/2D. Such document was assigned Temporary No.TP/104327194/2021, but the respondent orally conveyed its refusal to register the document on the ground that a Protest Petition had been received from one Thangavel. The present Writ Petition is filed in these facts and circumstances.

3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the sole respondent. He submits that the respondent may be directed to consider and dispose of the Protest Petition after providing a reasonable opportunity both to the petitioner and the objector.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17473 of 2021 4.In view of the limited scope of the present Writ Petition, it is not necessary to enter findings on the merits thereof. Instead, it is sufficient to direct the respondent to consider and dispose of the pending Protest Petition within a reasonable time frame. 5.Accordingly, the respondent is directed to consider and dispose of the Protest Petition lodged by Thangavel within a period of one (1) month from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and the said Thangavel.

6.W.P.(MD).No.17473 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/LM 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 The Joint Sub Registrar No.1, O/o. The Joint Sub Registrar No.1, Registration Department, Cheranmahadevi, Tirunelveli District.

+1 CC to M/s.SPL.GP ( SR-30712[F] dated 30/09/2021 ) W.P(MD)No.17473 of 2021 29.09.2021 DJ(CO)/RS (11.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2