Madras High CourtWP(MD)/8044/2015dismissed

M. Magendran v. The District Registrar

2023-07-07Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.2 of 2015 1.M.Magendran 2.M.Pushpanathan ... Petitioners Vs 1.The District Registrar (Kumbakonam), Office of the Registration Department, Registration District of Kumbakonam, Kumbakonam Town, Thanjavur District.

2.The Sub Registrar, Office of the Sub-Registration of Pappanasam, Pappanasam Taluk, Thanjavur District.

3.Swaminathan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation dated 04.05.2015 and conduct an enquiry in accordance with law and forbear the respondents 1 and 2 from entertaining any document relating to the lands measuring an extent of 1 acre 1/4

28 cents (0.52.0 hectares) in Survey No. 21/1B and 73 cents (0.29.50 hectares) in Survey No.21/ 3 of Vaiyacherry Village, Pappanasam Taluk, Thanjavur district at the instance of third respondent or his agent, men and servants. For Petitioners : No Appearance For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 & R.2

ORDER

None appears for the writ petitioners. Heard the learned Special Government Pleader appearing for the official respondents.

2. The prayer in this writ petition is that in respect of the petition mentioned lands, registration should not be permitted. Such relief cannot be granted in writ proceedings. The petitioners have to necessarily move the jurisdictional civil Court and obtain their remedy. Granting liberty to the petitioner to move jurisdictional civil Court, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

07.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The District Registrar (Kumbakonam), Office of the Registration Department, Registration District of Kumbakonam, Kumbakonam Town, Thanjavur District.

2.The Sub Registrar, Office of the Sub-Registration of Pappanasam, Pappanasam Taluk, Thanjavur District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.2 of 2015 07.07.2023 4/4