Madras High CourtWP(MD)/9248/2016disposed of

R.Ravichandran, v. The Sub Registrar,

2023-01-20Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU R.Ravichandran ... Petitioner /vs./ 1.The Sub Registrar, Office of the Sub Registrar, Sangarankovil, 2.Selvaraj 3.Thangaraj 4.Vellaisamy 5.Kallisamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondent No.1 from registering and releasing any document pertaining to old survey No.437/A1, new survey no. 642/4 situated at Kallappakulam village, Sangarankovil, Tirunelveli District. 1/4

For Petitioner : Mr.S.Malaikani For R1 : Mr.M.Ramesh Government Advocate For R2 to R5 : No appearance

ORDER

The writ petition is seeking for a Mandamus forbearing the first respondent from registering and releasing any document pertaining to the property in old S.No.437/A1, new S.No.642/4 at Kallappakulam village, Sangarankovil, 2.The case of the petitioner is that the property in S.No.437/A1 belongs to him and that the respondents 2 to 5 are trying to create encumbrance over the property by effecting certain registered documents. 3.Mr.M.Ramesh, learned Government Advocate appearing on behalf of the first respondent would submit that the suit in O.S.No.109 of 2008 on the file of the District Munsif Court, Sankarankovil is pending in respect of the same survey number, which the petitioner seeks a Mandamus. 2/4

4.The petitioner is directed to approach the first respondent by filing an appropriate application within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation/application, if any, the first respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law after issuing notice to all the parties concerned within a period of 12 weeks thereafter.

5.With the above directions, the Writ Petition is disposed of. However, there shall be no order as to costs.

Speaking : Yes / No 20.01.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To The Sub Registrar, Office of the Sub Registrar, Sangarankovil, 3/4

K.KUMARESH BABU, J.

mm 20.01.2023 4/4