Madras High CourtWP(MD)/18068/2020dismissed

G. Antony Raj v. The District Registrar

2021-02-17Honourable Mr Justice V. Parthiban2 pages

W.P(MD)No.18068 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.18068 of 2020 and W.M.P(MD)No.15060 of 2020 G.Antony Raj ... Petitioner Vs 1.The District Registrar, District Registration Office, Tuticorin District.

2.The Sub-Registrar, Sub Registration Office, Tuticorin, Tuticorin District.

3.The President, Kamanayakkanpatti Panchayat, Kayathar Taluk, Tuticorin District.

4.The Inspector of Police (Crime), Koppampatti Police Station, Kayathar Taluk, Tuticorin District.

5.Bhakiyanathan 6.I. Anthony Rajan ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 1 and 2 not to register any documents to be fraudulently created by the respondents 5 and 6 in an illegal manner in respect of the petitioner's property comprised in Survey No.266/16A in Door No.1/61-1, 1/61-2, 1/64, Kamanayakkanpatti village, Kayathar Taluk, Tuticorin District and to cause entry of his objection dated, 30.11.2020 in the registry of the 2nd respondent within a time frame as ma be fixed by this Court.

For Petitioner : Mr.Ponniah For Respondent : Mr.K.Sathiya Singh Nos.1,2 & 4 Additional Government Pleader For Respondent : Mr.V.Veerapandian, Nos.5 & 6 For M/s. Vast Law Associates

ORDER

When the matter has been taken up for hearing, the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.18068 of 2020 Special Government Pleader appearing for respondents 1, 2 and 4 submitted that for the very same relief, the petitioner has already filed a suit in O.S.No.164 of 2020 on the file of the learned Sub Judge, Kovilpatti. The fact of filing of the said civil suit is also acknowledged by the learned Counsel appearing for the petitioner. 2.In view of the above, the writ petition is not maintainable and therefore, the same stands dismissed. However, it is open to the petitioner to work out his remedy in the pending civil suit. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The District Registrar, District Registration Office, Tuticorin District.

2.The Sub-Registrar, Sub Registration Office, Tuticorin, Tuticorin District.

3.The President, Kamanayakkanpatti Panchayat, Kayathar Taluk, Tuticorin District.

4.The Inspector of Police (Crime), Koppampatti Police Station, Kayathar Taluk, Tuticorin District.

+1 CC to M/s.M.PONNIAH, Advocate ( SR-5762[F] dated 17/02/2021 ) +1 CC to M/s.SPL GP ( SR-5950[F] dated 18/02/2021 ) +1 CC to M/s.AGP ( SR-5961[F] dated 18/02/2021 ) +1 CC to M/s.VAST LAW ASSOCIATES, Advocate ( SR-6290[F] dated 19/02/2021 ) W.P(MD)No.18068 of 2020 17.02.2021 (KUN) KV(23.02.2021) 2P 9C https://hcservices.ecourts.gov.in/hcservices/ 2/2