T. Seenivasan v. The Inspector General Of
W.P.(MD)No.12673 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2019
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.12673 of 2015 T.Seenivasan ... Petitioner vs.
1.The Inspector General of Registration, Tamil Nadu Registration Department, Chennai.
2.The District Registrar, The District Registration Office, Dindigul, Dindigul District.
3.The Sub Registrar, The Registration Office, Chitthirapatti, Ottanchathiram Taluk, Dindigul District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents from registering any documents with regard to the property in Patta No.1153 in S.No.113/1B admeasuring punjai 6.80.5 hectare, 78 cents in Chitthirapatti Village, Chitthirapatti Sub Registration Office, Ottanchathiram Taluk, Dindigul District till the disposal of the suit in O.S.No.362 of 2013 on the file of the Subordinate Court, Palani by considering the petitioner's objection, dated 04.05.2015.
For Petitioner :Mr.S.C.Herold Singh For Respondents :Mr.A.K.Baskara Pandian
O R D E R
This Writ Petition is filed for issuing a Writ of Mandamus, to forebear the respondents from registering any document with regard to the property in S.No.113/1B in Chitthirapatti Village, Dindigul District, till the disposal of the suit in O.S.No.362 of 2013.
2.It appears that the petitioner has entered into a sale https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.12673 of 2015 agreement in respect of certain lands in S.No.113/1B and a suit in O.S.No.362 of 2013 filed by the petitioner before the Subordinate Court, Palani, is still pending. It is further stated that the said suit is for specific performance of an agreement of sale. 3.Having regard to the nature of dispute projected before this Court, this Court is of the view that the petitioner has come before this Court with the prayer, which he can very well get from the Civil Court subject to merits. Having regard to the fact that the petitioner himself filed a suit in O.S.No.362 of 2013, for specific performance and the petitioner admits that another suit has been filed by the persons, who have executed the sale agreement in favour of the petitioner, this Court is unable to entertain the present Writ Petition.
4.Hence, giving liberty to the petitioner to work out his remedy before the Civil Court, this Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) cmr To 1.The Inspector General of Registration, Tamil Nadu Registration Department, Chennai.
2.The District Registrar, The District Registration Office, Dindigul, Dindigul District.
3.The Sub Registrar, The Registration Office, Chatthirapatti, Ottanchathiram Taluk, Dindigul District.
+1 CC to M/s.SPL GP ( SR-103418[F] dated 04/12/2019 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-102943[F] dated 02/12/2019 ) W.P.(MD)No.12673 of 2015 02.12.2019 JMN(18.12.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2