Balamurugan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/11/2024

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WA(MD). No.2449 of 2024 and CMP(MD) No.17052 of 2024 Balamurugan ... Appellant Vs 1.The District Registrar Office of the District Registrar Madurai District 2.The Sub Registrar Kaathakinaru Sub Registrar Office, Madurai District.

3.M.Karthika ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 29.10.2024 in WP(MD). No.26175/2024. For Appellant : Mr.R.Manoharan For Respondents : Mr.S.P.Maharajan for R1 & R2 Special Government Pleader 1/5

JUDGMENT

(Judgment of the Court was delivered by M.S.RAMESH, J.) Challenge is made to the order of the writ Court dated 29.10.2024 in WP(MD) No.26175/2024.

2. The learned Special Government Pleader would submit that pursuant to the orders of the writ Court dated 29.10.2024, the respondents 1 and 2 have registered the settlement deed in Doc.Nos. 2711/2024 and 2779/2024. As such interfering with the order of the writ Court at this stage does not arise.

3. The present appellant is not a party in the writ petition. He preferred this appeal as an aggrieved person stating that he entered into a sale agreement with the writ petitioner / 3rd respondent and that he has all the original documents. We find that the Writ Court only directed the concerned officials to register the documents. Such a registration ipso facto will not confer the right or extinguish the rights of the persons. If the petitioner is holding the agreement of sale, he can approach the 2/5

competent Civil Court to enforce it per law. Further, we observed that if the appellant prefers to file any suit before the Civil Court, the concerned Civil Court shall dispose of the suit on merits, uninfluenced by any of the references, observations or orders of the Writ Court. Accordingly, the writ appeal stands dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

[M.S.R.,J] [A.D.M.C.,J] 28.11.2024 NCC : Yes/No Index : Yes/No gns 3/5

TO 1.The District Registrar Office of the District Registrar Madurai District 2.The Sub Registrar Kaathakinaru Sub Registrar Office, Madurai District.

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M.S.RAMESH,J AND A.D.MARIA CLETE, J.

RR

ORDER

IN WA(MD) No.2449 of 2024 Date : 28/11/2024 5/5