Madras High CourtWP(MD)/25389/2019dismissed

Arulmigu Kilikoottu Karuppan v. The District Registrar

2024-12-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Arulmigu Kilikoottu Karuppan Raja Rajathiamman Thirukovil, Komarathaakal Valibaatu Charitable Trust, Represented through its President, Subramanian ... Petitioner Vs 1.The District Registrar, Tenkasi Registrar Office, Tenkasi District.

2.The Sub-Registrar, Sub-Registrar Office, Idaikal, Tenkasi District.

3.Shanmuga Raj @ Raj 4.Chandra ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of order RFL/Idaikal/58/2019 dated 05.11.2019 passed by the second respondent in refusing to register the sale agreement submitted before the second respondent herein dated 05.11.2019 and quash the same consequently directing the first respondent herein to direct the second respondent herein to register the sale agreement dated 05.11.2019 submitted on behalf of the petitioner trust presented before the second respondent herein on 05.11.2019 1/4

within a time stipulated by this Court.

For Petitioner : Mr.N.Ganagasapapathy For RR 1 & 2 : Mr.D.Sadiq Raja Additional Government Pleader For RR 3 & 4 : Mr.D.Srinivasa Ragavan

ORDER

This Writ Petition has been filed by the petitioner challenging the order passed by the second respondent dated 05.11.2019 in refusing to register the sale agreement submitted before the second respondent dated 05.11.2019 and consequently directing the first respondent to direct the second respondent to register the sale agreement dated 05.11.2019 submitted on behalf of the petitioner trust presented before the second respondent on 05.11.2019.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioner and the respondents 3 and 4 are facing civil proceedings in O.S.No.88 of 2020 on the file of the District Munsif Court, Tenkasi and O.S.No.224 of 2019 on the file of the 2/4

Additional Sub Court, Tenkasi with regard to title. Therefore, the document presented by the petitioner was rightly refused to register by the second respondent. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent, dated 05.11.2019. Hence, this Writ Petition is devoid of merits and the same is liable to be dismissed.

4.Accordingly, this Writ Petition is dismissed. The petitioner is at liberty to deal with the said property subject to the result of both the suits. There shall be no order as to costs. 12.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Registrar, Tenkasi Registrar Office, Tenkasi District.

2.The Sub-Registrar, Sub-Registrar Office, Idaikal, Tenkasi District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 12.12.2024 4/4