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Madras High CourtWP(MD)/26511/2024dismissed

A.R. Umar Farook v. The District Registrar

2024-12-20Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.22473 of 2024 A.R. Umar Farook ... Petitioner /Vs./ 1.The District Registrar Karur, Karur District.

2.The Sub Registrar Melakarur, Karur District.

3.The Sub Registrar Aravakurichi, Karur District.

4.Maheshwari ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the refusal check slip issued by the second respondent in his proceedings in Pending Document No. 46/2023 dated 04.01.2023 and quash the same as illegal and consequentially to direct the first respondent to compulsorily register the sale deed dated 02.05.2023 1/5

presented by the petitioner qua the land to an extent of 12.65 Acres comprised in S.F.No. 305, Aravakurichi Village, Karur District. For Petitioner : Mr.M.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For Respondents : Mr.M.Sarangan Additional Government Pleader for R1-3 : Mr.Isaac Mohanlal, Senior Counsel for Mr.S.Harish for R4

ORDER

This writ petitioner has been filed challenging the refusal check slip issued by the second respondent in his proceedings in Pending Document No. 46/2023 dated 04.01.2023.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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4. Even before filing this writ petition, the petitioner also filed an appeal before the first respondent and it is kept pending. Therefore, the writ petition cannot be maintainable and it is liable to be dismissed.

5. Accordingly, the writ petition is dismissed. The first respondent is directed to issue notice to the petitioner and the fourth respondent and complete the enquiry after giving an opportunity of hearing to the parties concerned and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 20.12.2024 Internet : Yes/No NCC : Yes / No Index : Yes/No am 3/5

TO:-

1. The District Registrar Karur, Karur District.

2. The Sub Registrar Melakarur, Karur District.

3. The Sub Registrar Aravakurichi, Karur District.

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G.K.ILANTHIRAIYAN , J.

AM Order made in Dated:

20.12.2024 5/5