Kaja Mohaideen v. The Inspector General
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22491 of 2015 and MP(MD) No.1 of 2015 Kaja Mohaideen ... Petitioner Vs 1.The Inspector General, Registration Department, 100, Santhom Highways, Pattinapakkam, Chennai - 600 028.
2.The District Registrar, Office of District Registrar, Nearby Taluk Office, Ramanathapuram.
3.The Sub Registrar, Office of Sub Registrar, Rameswaram, Ramanathapuram District.
4.Syed Ahamed 5.Ahamed Mustafa Marikayar 6.Mohamed Hussain 7.Prema 8.R.Suseendran 9.Sadhak Abdul Kadar 1/6
10.A.S.Ammed Saleem @ Saleem 11.Rafeek 12.A.S.Jamal Abdul Nazar 13.A.S.Habeeba @ Abib Nisha 14.Syed Ariff (R4 to R6 are impleaded vide Court order dated 01.03.2016 in WMP(MD) No. 1358/2016 by BRJ) (R7 to R14 are impleaded vide Court order dated 25.04.2019 in WMP(MD) No. 4635 of 2019 in WP(MD) No.22491 of 2019) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent not to register any sale deed, mortgage deed or any other documents pertaining to the suit properties in O.S.No.4 of 1998, O.S.No.6 of 1997 and O.S.No.72 of 2008 on the file of the Sub Court, Ramanathapuram situated in Survey No.854 to an extent of 22 acre 43 cents, survey No.856 to an extent of 2 acre 91 cents, Survey No.857/2 to an extent of 85 cents, Survey No.
858/2 to an extent of 4 acres, Survey No.869/2 to an extent of 9 acre 3 cents, Survey No.869/3 to an extent of 7 acre 20 cents, Survey No.877/2 to an extent of 41 cents in Ramanathapuram District, Pamban Village, pending disposal of the above said civil suits. For Petitioner : Mr.S.A.Ajmalkhan For R1 to R3 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R4 & R5 : No appearance For R6 : Mr.P.
O R D E R
By referring the suits in O.S.No.4 of 1998, O.S.No.6 of 1997 and O.S.No.72 of 2008 on the file of the Sub Court, Ramanathapuram, this writ petition was filed in the year 2015 for a Mandamus, directing the Sub Registrar, Ramanathapuram/the third respondent, not to register any sale deed, Mortgage deed or any other documents pertaining to the suit properties. 2.Today(18.03.2024), when this writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3 submits that the suits filed by this petitioner were dismissed by order dated 19.04.2023. The learned counsel further submits that he has filed applications to restore the suits and the same is still pending.
3.The relief sought for in this writ petition is based on the suits, which were filed by this petitioner. Admittedly the suits 3/6
were dismissed in the month of April 2023. The interlocutory applications filed by the petitioner for restoration of the suits are not yet ordered.
4.In view of the above, this writ petition is closed with a liberty to the petitioner to work out his remedy before the competent civil Court. Consequently, connected Miscellaneous Petition is closed.
18.03.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn 4/6
To 1.The Inspector General, Registration Department, 100, Santhom Highways, Pattinapakkam, Chennai - 600 028.
2.The District Registrar, Office of District Registrar, Nearby Taluk Office, Ramanathapuram.
3.The Sub Registrar, Office of Sub Registrar, Rameswaram, Ramanathapuram District.
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B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.22491 of 2015 and MP(MD) No.1 of 2015 18.03.2024 6/6