Balan C v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.20410 of 2023 C.Balan ... Petitioner Vs.

1.The District Registrar, Palani, Dindigul District.

2.The Sub Registrar, Gujiliamparai Sub Registrar Office, Gujiliamparai, Dindigul District.

3.Gayathri 4.Amirtharaj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 and 2 herein from registering the documents on the 1/4

pathway which was situated Northern side of Survey No. 635 and Southern Side of Survey No. 636 situated at Landhakottai Village, Gujiliyamparai Taluk, Dindigul District based on the petitioner's representation dated 11.09.2023.

For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.C.Satheesh Government Advocate for R.1 and R.2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the official respondents.

2. The relief sought for by the petitioner can be considered only by the jurisdictional civil Court. If the petition mentioned land is a public pathway, then this Court could invoke Section 22-A of the Registration Act, 1908 and grant relief. But it does not appear to be a public pathway. According to the petitioner, it is a private pathway. If that be so, the petitioner has to move the jurisdictional civil Court for relief. 2/4

3. Granting liberty to the petitioner to move the jurisdictional civil Court, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 17.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Registrar, Palani, Dindigul District.

2.The Sub Registrar, Gujiliamparai Sub Registrar Office, Gujiliamparai, Dindigul District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)No.20410 of 2023 17.10.2023 4/4