Suresh. P v. The District Registrar (Administration)

W.P.(MD) No.20369 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.20369 of 2021 and W.M.P.(MD)No.17018 of 2021 P.Suresh ... Petitioner vs.

1.The District Registrar, Trichy District, Trichy.

2.The Sub-Registrar, Office of the Sub-REgistrar, Srirangam, Trichy District.

3.Perumal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the first respondent from proceeding with the enquiry initiated on the basis of the representation of the third respondent dated 12.07.2021 and further direct the third respondent to workout his remedy before the competent civil court.

For Petitioner : Mr.T.Leninkumar For Respondents : Mr.D.Gandhiraj Special Government Pleader (for R1 and R2)

O R D E R

Disposal of the writ petition would be more appropriate and prudent in view of the on going adverserial nature of relationship between the petitioner and the third respondent herein. The petitioner appears to have executed a settlement deed in favour of his wife. Such settlement deed had been registered as Document No.1248/2013 with respect to property bearing No.4/481, 5th Street, Pappakurichi Kattur, Trichy. This settlement deed seems to have aggravated the third respondent, who is the first cousin/son of his paternal uncle, who naturally expected that he had a share in the said property.

2.Mr.N.Satheeshkumar, learned Additional Government Pleader, accepts notice on behalf of respondents 1 and 2. As rightly pointed out by the learned Additional Government Pleader, the first respondent has to direct the parties to take necessary steps in accordance with law if there is any grievance over the registration https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.20369 of 2021 of the settlement deed.

3.The first respondent can suo-motu cannot take any action. If at all, he does, he must put on notice, the petitioner herein, get explanation from him and thereafter, pass a considered order. The petitioner must be put on notice prior to the first respondent taking any steps with respect to the representation given by the third respondent. I am also informed that civil suits are also pending, not only on this issue but also on related issues between the petitioner and the third respondent. I am confident that the first respondent would act in manner known to law. 4.With the above observations, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 District Registrar, Trichy District, Trichy.

2.The Sub-Registrar, Office of the Sub-REgistrar, Srirangam, Trichy District.

+1 CC to M/s.SPL GP ( SR-34754[F] dated 17/11/2021 ) W.P.(MD) No.20369 of 2021 15.11.2021 RD(30.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2