Madras High CourtWP(MD)/19578/2021disposed of

Kavitha Lakshmi v. The Sub Registrar

2021-11-08Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD)No.19578 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.19578 of 2021 Kavitha Lakshmi ... Petitioner vs.

1.The Sub Registrar, Ottanchathiram Registration Office, Dindugal District.

2.G.Kalyanasundari 3.V.Ganesh Pandi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to register the document dated 26.07.2021 executed by Kalyanasundari in favour of the petitioner relating to land situated in Old Survey No.128/2 admeasuring 1219 sq.ft., plot in Patta No.1101 at Ottanchathiram, Dindugal District, as represented in the petitioner's representation, dated 22.10.2021. For Petitioner :Mr.K.Kathiresan For Respondents :Mr.D.Gandhiraj Government Advocate for State *****

O R D E R

The Petition is filed in the nature of Mandamus to direct the first respondent to register the document, dated 26.07.2021, executed by Kalyanasundari in favour of the petitioner relating to land situated in Old Survey No.128/2 admeasuring 1219 sq.ft., plot in Patta No.1101 at Ottanchathiram, Dindugal District, by considering the petitioner's representation, dated 22.10.2021. 2.The petitioner had purchased a property in S.No.Survey No.128/2A1 admeasuring 2287 sq.ft., plot in Patta No.1101 at Ottanchathiram, Dindugal District, from one Kalyanasundari, who is shown as the second respondent herein.

The husband of Kalyanasundari, is shown as third respondent herein. The property had come to the holding of the second respondent by way of an unregistered settlement deed executed by the third respondent. The second respondent had, for the very same relief now sought by the petitioner, filed a Writ Petitions in W.P.(MD)Nos.14086 and 14167 of 2021, in which, an order has been passed on 12.08.2021. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19578 of 2021 3.The learned Counsel for the petitioner states that there was a flaw in the said orders, since the learned Single Judge of this Court had omitted to state that the husband should be added as a confirming party in the settlement deed to be registered afresh. 4.If there is any flaw in the order of learned Single Judge of this Court, the petitioner should either move that Court or should take further steps in accordance with law. Filing of second Writ Petition cannot be encouraged. Hence, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) cmr To The Sub Registrar, Ottanchathiram Registration Office, Dindugal District.

+1 CC to M/s.SPL.GP ( SR-33773[F] dated 09/11/2021 ) W.P.(MD)No.19578 of 2021 08.11.2021 MGJ/NS(22.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2