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Madras High CourtWP(MD)/17933/2014dismissed

M. Thangaraj, v. The Sub Registrar,

2021-04-17Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.17933 of 2014 Thangaraj v. The Sub Registrar BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 17.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.17933 of 2014 (Through Video Conferencing) M.Thangaraj ... Petitioner Vs.

The Sub Registrar Thallakulam Sub Registration Office, Madurai North Registration District, Rajakambeeram Madurai.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent to consider the petitioner's objection petition dated 11.06.2014.

For Petitioner :Mr.K.R.Laxman For Respondents :Mr.K.Sathiya Singh Additional Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondent to consider the objection petition given by the petitioner on 11.06.2014.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3. The case of the petitioner is that he is a cultivating tenant and the petitioner had an apprehension that the earlier tenant of the property will unilaterally cancel the lease agreement. Hence, an objection petition was given before the respondent. Since the same was not considered, the present writ petition has been filed before this Court.

4. In the considered view of this Court, the writ petition itself has been filed only based on apprehension. It was stated before this Court that the petitioner is continuing to enjoy the property as a cultivating tenant. This fact by itself makes it clear that it is only based on apprehension, the petitioner has approached this Court.

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W.P.(MD)No.17933 of 2014 Thangaraj v. The Sub Registrar

5. A writ of mandamus cannot be issued merely based on apprehension and there must be some material to substantiate the same and hence, this Court is not inclined to grant the relief as sought for by the petitioner. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 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 The Sub Registrar Thallakulam Sub Registration Office, Madurai North Registration District, Rajakambeeram Madurai.

+1 CC to M/s.AGP ( SR-16464[F] dated 19/04/2021 ) W.P.(MD)No.17933 of 2014 17.04.2021 RK (29.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2