T. George v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 06/08/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR and WMP(MD) No.17473 of 2019 T. George ... Petitioner Vs

1. The District Registrar, Registration Department, Tirunelveli Dist.

2. The Sub Registrar,, Valliyoor, Radhapuram Taluk, Tirunelveli Dist.

3. Punitha, S/o.Baskar Nadar, 10/29, North Pipeadi St, Vadakkankulam, Radhapuram Taluk, Tirunelveli Dist.

4. Arasakumar, S/o.Mayandi, 10, Ashok Nagar, Sariyan Nagar North, Saryan Nagar N-Division, Chennai.

5. Rajagoapl, S/o.Palaniyandi, 1/103 North Car St, North Vijayanarayanam, Nanguneri Taluk, Tirunelvei District.

...

Respondents 1/4

PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to forebear from registering any Document said to by executed either by Respondent Nos.3, 4 and 5 or their agents with regard to the property admeasuring Acres 4 cents 72 in Ayan Punja Survey No. 1737/1A at North Valliyoor Part I Village, Radhapuram Taluk, Tirunelveli District when the decree made in O.S.No.125/2016 on the file of the District Munsif Court, Vallioor is in force. For Petitioner : M/s. S.R. Anbarasu, For Respondents : Mr.M.Siddharthan for R1 & R2 Additional Government Pleader Mr.J.Daniel Ganesan for R3 Mr.Pethu Rajesh for R5

ORDER

This Writ Petition has been filed for a mandamus to direct the 1st and 2nd respondents to forebear from registering any Document said to by executed either by Respondent Nos.3, 4 and 5 or their agents with regard to the property admeasuring Acres 4 cents 72 in Ayan Punja Survey No.1737/1A at North Valliyoor Part I Village, Radhapuram Taluk, Tirunelveli District when the decree made in O.S.No.125/2016 on the file of the District Munsif Court, Vallioor is in force. 2/4

2. The petitioner is seeking a direction restraining the respondents from registering the document. Such a blanket mandamus cannot be issued. By restraining the respondents from performing their statutory duties, the petitioner is trying to establish his legal right by way of this writ petition without any foundational facts. Therefore, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

06.08.2024 RR TO

1. The District Registrar, Registration Department, Tirunelveli Dist.

2. The Sub Registrar,, Valliyoor, Radhapuram Taluk, Tirunelveli Dist.

3/4

N.SATHISH KUMAR,J

ORDER

IN WP(MD) No.20891 of 2019 Date : 06/08/2024 4/4