N.Chandrakumar, v. The Inspector General,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.2472 of 2011 N.Chandrakumar
...Petitioner
-Vs1. The Inspector General, Registration Department, Santhome High Road, Chennai-28.
2. The District Registrar, Office of the District Registrar, Muthupattanam, Karaikudi, Sivagangai District.
3. The Sub Registrar, Sub Registrar Office, Taluk Office Road, Thiruppathur, Sivagangai District.
4. T.Sathaiah
5. A.Syed Ibrahim
6. A.Pugazhendhi
...Respondents
(R4 -R6 were impleaded as respondents as per the order of this Court on 22.06.2011 in M.P.1 of 2011) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3rd respondent to register the documents of sale agreement relating to S.F.No.241/1 of Thiruppathur, Sivagangai District and mortgage deed relating to S.F.No.294/1P of Tiruppathur, Sivagangai district, which are executed by the petitioner in favour of one Veerendran on 22/02/2011. For Petitioner : Mr.K.Balasundharam For R-1 to R-3 : Mr.G.Muthukannan Government Advocate For R-4 to R-6 : Mr.Mohamed Imran for Ajmal Associates
O R D E R
The petitioner has come up with the present writ petition for issuance of writ of mandamus, directing the third respondent to register the documents of sale agreement relating to the property in S.F.No.241/1 of Thiruppathur, Sivagangai District and mortgage deed in respect of another property in S.F.No.294/1P of Tiruppathur, Sivagangai district.
2. Heard Mr.K.Balasundharam, learned counsel for the petitioner, Mr.G.Muthukannan, learned counsel for the respondents 1 to 3 and Mr.Mohamed Imran, learned counsel for the respondents 4 to 6.
3. The learned counsel for the petitioner fairly admits that in respect of the properties, there is a rival claim between the petitioner and the respondents 4 to 6. The suit, filed by the petitioner against the respondents 4 to 6 in O.S.No.18 of 2011, is pending before the District Munsif Court, Tiruppathur.
4. The learned counsel for the respondents 4 to 6 would submit that they are in possession of the property and a patta was also issued in their favour.
5. In the light of the above fact, this writ petition is disposed of giving liberty to the petitioner to work out his remedy before the competent civil Court. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To
1. The Inspector General, Registration Department, Santhome High Road, Chennai-28.
2. The District Registrar, Office of the District Registrar, Muthupattanam, Karaikudi, Sivagangai District.
3. The Sub Registrar, Sub Registrar Office, Taluk Office Road, Thiruppathur, Sivagangai District.
+1cc to Mr.K.Balasundharam, Advocate Sr.No.79505 +1cc to M/s.Ajmal Associates, Sr.No.79551 +1cc to Spl.Government Pleader Sr.No.79606 SM VB/MR/KKR/SAR4/03.10.2017/3P/7C W.P.(MD)No.2472 of 2011 18.09.2017