Murugesan v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.28074 of 2022 Murugesan ... Petitioner Vs.

1.The Sub Registrar, Sub Registrar Office, Manapparai, Trichy District.

2.Manivel ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to taken into account of the petitioner's objection petition dated 15.11.2022, while any document filed by the 2nd respondent for registration with regard to the property of bearing Survey No, 186/1A an extent of 0.96.00 Ares-Patta No. 1895, situated at Thogamalai Revenue Village, Kulithalai Taluk, Karur District. For Petitioner : Mr.R.Murugappan For R1 : Mr.S.Shanmugavel Additional Government Pleader 1/3

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent.

2. The petitioner and the second respondent are brothers. The petitioner apprehends that the second respondent may unlawfully alienate the petition mentioned land in which he is having a share.

3. If that be so, the remedy open to the petitioner is to move the jurisdictional civil Court for appropriate relief. In a properly constituted suit, the petitioner can very well ask for injunction restraining alienation of the petition mentioned land. Filing writ petition is not a remedy.

4. The Writ Petition is dismissed with liberty to the petitioner to move the jurisdictional civil Court. No costs.

15.12.2022 Index : Yes / No Internet : Yes/ No rmi To The Sub Registrar, Sub Registrar Office, Manapparai, Trichy District.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.28074 of 2022 15.12.2022 3/3