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Madras High CourtWA(MD)/1951/2024dismissed

N.K.Radhakrishnan v. Souratshtra Kalvi Kuzhu

2024-10-30Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.14428 of 2024 N.K.Radhakrishnan ... Appellant -vs1.Sourashtra Kalvi Kuzhu, Represented by its President, N.S.Krishnamoorthy, No.12/84, 1st Floor, Sourashtra Elementary School Street, Paramakudi, Ramanathapuram District.

2.The District Registrar (Administration), District Registrar Office, Sivagangai District, Sivagangai.

... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)No.13384 of 2024, dated 01.08.2024.

For Appellants : Mr.R.Suriya Narayanan For 1st Respondent : Mr.M.S.Jeyakarthik For 2nd Respondent : Mr.S.P.Maharajan Special Government Pleader

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.M.S.Jeyakarthik, learned counsel takes notice for the 1st respondent. Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the 2nd respondent.

2.We do not find any merit in the Appeal. The dispute is regards to filing of Form 7. It is the settled law that filing of Form 7 by itself does not create or abrogate the rights of the parties and the parties are at liberty to move the appropriate the civil Court. The learned Single Judge has only directed the parties to move the appropriate civil Court and he has also directed the Registrar to go by the direction of the Civil Court. It is now stated that the Civil Court has also dismissed the Application for injunction filed by the appellant. Hence, we see no reason to interfere in the order of the Writ Court.

3.The Writ Appeal fails and it is accordingly dismissed. No Costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 30.10.2024 NCC :Yes/No Index :Yes/No Internet: Yes Mrn

To The District Registrar (Administration), District Registrar Office, Sivagangai District, Sivagangai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 30.10.2024