Murugan.P v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR WP(MD). No.21995 of 2023 and WMP(MD) No.18337 of 2023 Murugan.P ... Petitioner Vs The Sub Registrar, Register Office, Thirupparankundram, Madurai District..

... Respondent PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus by call for the records pertaining to the impugned order passed by the respondent vide petition No. 19/2023 dated 24.04.2023 and quash the same as illegal and consequently directing him to pass a detailed speaking order in petition no. 19/2023.

For Petitioner : Mr.C.M. Arumugam For Respondent : Mr.M.Siddharthan Additional Government Pleader 1/4

ORDER

The writ petition has been filed challenging the impugned order of the respondent dated 24.04.2023, in and by which, the representation of the petitioner not to register any document in respect of S.Nos.126/9 and 123/1 is rejected.

2. According to the petitioner, he has purchased the subject property on 01.02.2022. However, UDR proceedings, the name of one Rajammal was included wrongly. Thereafter the said Rajammal has executed a settlement deed in favour of her daughter on 28.11.2013. Thereafter several documents have been executed. The petitioner also made application before the Revenue Divisional Officer to change the UDR proceedings and cancel the patta and the same is also pending. Hence, according to him, unless further transaction is prohibited, the right of the petitioner will be defeated and hence, prays for necessary direction.

3. I have considered the rival submissions and perused the materials available on record.

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4. At the outset, this Court is of the view that without establishing the right before the civil Court, as a matter of right, a general direction cannot be sought to restrain the authorities from exercising their statutory duties. Hence, I do not find any merit in this writ petition. Accordingly, this writ petition is dismissed. It is for the petitioner to work out his remedy in establishing the title in the manner known to law before the competent civil Court. No costs. Consequently connected Miscellaneous Petition is closed.

25.09.2024 RR TO

1. The Sub Registrar, Register Office, Thirupparankundram, Madurai District..

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.21995 of 2023 Date : 25/09/2024 4/4