R.Sivakumar, v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.11971 and 11972 of 2016 R.Sivakumar ... Petitioner /vs./ 1.The Sub Registrar, Office of the Joint I Sub Registrar, Thoothukudi.

2.The District Registrar, Thoothukudi.

3.Sundara Konar 4.Ganapathy 5.Saraswathy 6.Muthulakshmi 7.Parvathy ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the impugned order in Na.Ka.No.4344/A.Papi/2016 dated 01.08.16 on the file of the 1st respondent and quash the same and further directing the respondents 1 and 2 to not to register any document of partition, submitted by the respondents 3 to 7 in respect of the property in Survey No.3981 Door No. 72A and 72B, 10th Street, Toovipuram, Thoothukudi. For Petitioners : Mr.G.Prabhu Rajadurai For R1 & R2 : Mr.S.P.Maharajan Special Government Pleader For R4 : No appearance For R5 : Mr.B.N.Raja Mohamed

ORDER

The challenge in this writ petition is to the order passed by the first respondent rejecting the request of the petitioner not to register the compromise decree passed during the Lok Adalat proceedings.

2. The reason for rejecting the request was that if such registration is refused, it would amount to contempt of Court and was also that there was no 2/4

order of stay of the said compromise decree or there was no injunction restraining them from registering. It is not a case of the petitioner that he had challenged the said compromise decree in the manner known to law.

3. In such event, I do not find any infirmity in the order passed by the first respondent and hence, the Writ Petition fails and is accordingly dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Index : Yes / No 14.11.2024 Internet : Yes / No mm To 1.The Sub Registrar, Office of the Joint I Sub Registrar, Thoothukudi.

2.The District Registrar, Thoothukudi.

3/4

K.KUMARESH BABU, J.

mm 14.11.2024 4/4