Thiruvenkada Subramanian .P.S.T.S v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19/09/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR Thiruvenkada Subramanian .P ... Petitioner Vs
1. The Sub Registrar, Pettai,Tirunelveli.
2. T.S.V.Suryakanta, W/o.Late Mahalinga Moopanar, D.No.9a, Pillayar Kovil Street, Panagudi, Radhapuram Taluk, Tirunelveli District..
3. Salaikumar, S/o.Late Mahalinga Moopanar, D.No.9a, Pillayar Kovil Street, Panagudi, Radhapuram Taluk, Tirunelveli District..
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to process the obstruction petition of the petitioner dated 1/4
24.08.2023 which is relating to the property situated in Tirunelveli District, Tirunelveli Registration District, Pettai Registration Office limit, Tirunelveli Taluk, Tirunelveli Corportion Limit, Tirunelveli zone, Cheranmahadevi Road, T.S.W.1 B.2. T.S.No.183 to T.S.No.212 to an extent of 1 Acre within the time fixed by this Court. For Petitioner : Mr.T.Selvan, For Respondent : Mr.P.Subbaraj Special Government Pleader
ORDER
The writ petition has been filed for a mandamus directing the 1st respondent to process the obstruction petition of the petitioner dated 24.08.2023 which is relating to the property situated in Tirunelveli District, Tirunelveli Registration District, Pettai Registration Office limit, Tirunelveli Taluk, Tirunelveli Corportion Limit, Tirunelveli zone, Cheranmahadevi Road, T.S.W.1 B.2. T.S.No.183 to T.S.No.212 to an extent of 1 Acre within the time fixed by this Court.
2. It is the case of the petitioner that the property in T.S.No.183/2 to 212 to an extent of 1 acre is a trust property. The trust was formed in the year 1895. The second respondent is one of the Trustees. However, 2/4
he has executed a settlement deed in favour of the 3rd respondent. In this regard, the suit has also been filed in OS No.275/2022 before the I Additional District Judge, Tirunelveli, wherein, IA No.1/2022 is also filed and status quo has also been ordered and an obstruction petition has been filed before the authorities, which is to be considered.
3. I have considered the rival submissions and perused the materials available on record.
4. When a suit has been filed for a comprehensive relief and interim order had already been granted, the petitioner has to work out his remedy in the pending suit and no direction can be issued parallely by the writ Court. The writ petition is disposed of with the above direction. No costs.
19.09.2024 RR TO
1. The Sub Registrar, Pettai,Tirunelveli.
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N.SATHISH KUMAR,J RR
ORDER
IN WP(MD) No.23424 of 2023 Date : 19/09/2024 4/4