Madras High CourtWP(MD)/6236/2018disposed of

M.Sivagami v. The Special Tahsildar

2020-10-09Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD) No.6236 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.6236 of 2018 M.Sivagami ... Petitioner Vs.

1.The Special Tahsildar, Office of Town Survey Manapparai Trichy District.

2.The Sub Registrar, Manapparai Sub Registrar Office, Manapparai, Trichy District.

3.Ravi @ Thangavel ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the respondents 1 and 2 from effecting any mutations and encumbrances in respect of the S.Nos.291/2, 291/3, 354/3, 360/2, 360/3, 360/4, 360/5, 360/7, 360/8, 360/10, 361/4, 361/5, 361/6, 361/7, 361/13, 361/14, 361/15 situated at Sevalur Village, Vidathalampatti, Manapparai Taluk, Trichy District in the light of the petitioner's representation dated 23.02.2018.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.K.Sathiya Singh 1 & 2 Additional Government Pleader

O R D E R

This Writ Petition is filed for a direction to forbear the respondents 1 and 2 from effecting any mutations and encumbrances in respect of the S.Nos.291/2, 291/3, 354/3, 360/2, 360/3, 360/4, 360/5, 360/7, 360/8, 360/10, 361/4, 361/5, 361/6, 361/7, 361/13, 361/14, 361/15 situated at Sevalur Village, Vidathalampatti, Manapparai Taluk, Trichy District in the light of the petitioner's representation dated 23.02.2018.

2.Heard the learned Counsel appearing for the petitioner and Mr.K.Sathya Singh, learned Additional Government Pleader for the respondents.

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W.P.(MD) No.6236 of 2018

3. From the perusal of the affidavit filed in support of this writ petition, it is seen that the petitioner is trying to convert a civil dispute to one of a writ proceedings. Hence, this Court is of the view that the dispute between the petitioner and the third respondent is a civil dispute and the Civil forum alone has got jurisdiction to decide the issue. It is open to the parties concerned to appear before the authority and work out their remedy before the appropriate civil forum.

4.In view of the above, no relief can be granted to the writ petitioner and this Writ Petition is dismissed. It is seen that the petitioner has made a representation to the respondents 1 and 2. Hence, the respondents 1 and 2 shall consider and dispose of the same, after hearing the petitioner and other parties concerned. While taking a decision, the authorities shall take into account Rule 162 of the Registration Rules. It is made clear that observation, if any, made touching the merits of the matter above, is only for the disposal of this Writ Petition. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) RR 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:

1.The Special Tahsildar, Office of Town Survey Manapparai Trichy District.

2.The Sub Registrar, Manapparai Sub Registrar Office, Manapparai, Trichy District.

+1 CC to SPL GP ( SR-19760[F] dated 12/10/2020 ) Order made in W.P.(MD)No.6236 of 2018 09.10.2020 VB (10.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2