Haribasker.A.K v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22740 of 2023 and W.M.P(MD)No.18994 of 2023 A.K.Haribasker ... Petitioner Vs 1.The District Registrar (Administration), Registration Department, Palani, Dindigul District.

2.The Sub-Registrar, Registration Department, Vadamadurai, Dindigul District.

3.The Sub Registrar, Registration Department, Ponnamaravathi, Pudukkottai District.

4.Dr.Aa.Alagesan 5.K.Raja Mohammed 6.Suresh 7.Ibrahim

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, calling for the records 1/5

pertaining to the impugned order issued by the first respondent vide his proceedings in No.2040/E1/2022, dated 12.12.2022 and quash the same as illegal.

For Petitioner :Mr.J.Lawrance For R1 to R3 :Mr.D.Farjana Ghowshia Special Government Pleader

O R D E R

The District Registrar has passed an order based on the application of the fourth respondent not to alienate the property pending civil suit and the same is challenged by way of this writ petition. 2.The learned counsel for the petitioner submitted that the District Registrar has passed this order on the ground that this property was purchased from the Sridhana of the petitioner's wife and this finding is not correct. According to the petitioner, the property was purchased in the year 2006 and the marriage between the petitioner and his wife was solemnized in the year 2014. With regard to the subject same property, a civil suit in O.S.No.130 of 2021 is also pending between the petitioner and the respondents 4 & 5 before the District Munsif Court, Thirumayam.

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3. The learned Special Government Pleader appearing for the respondents submitted that in the civil suit, status quo was ordered.

4. This Court considered the rival submissions made.

5. The petitioner has challenged the impugned order which was passed in the year 2022. It is now reported that with regard to the subject property a civil suit is pending, where, the civil Court has granted an order of status quo. Therefore, this writ petition is disposed of with a direction to the District Munsif Court, Thirumayam to conclude the civil proceedings in O.S.No.130 of 2021 as expeditiously as possible, preferably, within a period of eight (8) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

NCC : Yes / No.

Index : Yes / No.

19.09.2023 Internet:Yes am 3/5

To 1.The District Registrar (Administration), Registration Department, Palani, Dindigul District.

2.The Sub-Registrar, Registration Department, Vadamadurai, Dindigul District.

3.The Sub Registrar, Registration Department, Ponnamaravathi, Pudukkottai District.

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B.PUGALENDHI, J.

am Order made in W.P(MD)No.22740 of 2023 19.09.2023 5/5