Madras High Court
R.Vasudevan vs The Sub Registrar on 22 April, 2021
W.P.(MD).No.8300 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8300 of 2021
and
W.M.P.(MD).No.6282 of 2021
R.Vasudevan ... Petitioner
Vs.
1.The Sub Registrar,
Office of the Sub Registrar,
Kadayanallur,
Tenkasi District.
2.Ravichandran ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, for the issuance of Writ of Mandamus, forbearing the 1st
respondent for entertaining the documents submitted by the 2nd
respondent with regard to Survey Nos.241/2 to an extent of 1512.5 sq. ft.
situated at Kadayanallur Village, Kadayanallur Sub Registrar Office,
Tenkasi Registration District, pending suit in O.S.No.191 of 2020 on the
file of Sub Court, Tenkasi and consequently, consider the representation,
dated 26.03.2021.
For Petitioner : Mr.P.Athimoolapandian
For Respondent : Mr.K.Sathiyasingh for R1
Additional Government Pleader
https://www.mhc.tn.gov.in/judis/
1/6
W.P.(MD).No.8300 of 2021
ORDER
This writ petition has been filed for the issuance of writ of
mandamus, directing the first respondent to consider the representation
made by the petitioner, on 26.03.2021, wherein, the petitioner has given
an objection to the first respondent not to register any documents
presented by the second respondent.
2.The case of the petitioner is that the second respondent owes him
nearly a sum of Rs.5,44,833/- and a suit has also been filed in O.S.No.
191 of 2020 before the Sub Court, Tenkasi, for recovery of money. In the
said suit, the petitioner has also filed a petition for Attachment before
Judgment, in I.A.No.1 of 2020 and the same is pending. In the
meantime, the second respondent attempted to alienate the property and
deprive the petitioner from recovering the money. The petitioner,
therefore, gave a protest petition before the first respondent and
requested the first respondent not to register any documents presented by
the second respondent. According to the petitioner, the first respondent
had issued notice to the parties and enquired, but however, no orders
were passed and hence, the present writ petition has been filed before this
Court.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8300 of 2021
3.Heard Mr.P.Athimoolapandian, learned counsel for the petitioner
and Mr.K.Sathiya Singh, learned counsel for the first respondent.
4.In the considered view of this Court, the property in question is
owned by the second respondent. The petitioner has a money claim
against the second respondent. If at all, the second respondent is
attempting to alienate the property and defeat the rights of the petitioner
from recovering the money, the petitioner has to pursue further with the
ABJ petition filed before the Court below. In fact, the petitioner has also
filed an injunction suit against the second respondent in O.S.No.138 of
2020, before the Principal District Munsif Court, Tenkasi, seeking for the
relief of permanent injunction against the second respondent and restrain
him from alienating the house property. Therefore, the petitioner was
clear about approaching the competent Civil Court to safeguard his
rights. However, the petitioner is also parellaly moving the first
respondent by giving his protest petition, requesting the first respondent
not to register any document presented by the second respondent.
5.The petitioner cannot be allowed to parellaly pursue his remedy
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8300 of 2021
before the first respondent also, more particularly, when the proceedings
are pending before the Civil Court. The petitioner has to necessarily
workout his remedy only before the Civil Court and the first respondent
cannot intervene in the matter at this stage.
6.In view of the above, the relief sought for by the petitioner
cannot be granted by this Court and it is left open to the petitioner to
work out his remedy before the Civil Court, where, proceedings are
pending. The sub Court, Tenkasi, is directed to dispose of the I.A.No.1
of 2020 in O.S.No.191 of 2020, after giving an opportunity to the
petitioner and the second respondent, within a period of six weeks from
the date of receipt of a copy of this order.
7.This writ petition is disposed of with the above directions. No
costs. Consequently, connected miscellaneous petition is closed.
22.04.2021
Index :Yes/No
Internet : Yes/No
TM
To
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8300 of 2021
1.The Sub Registrar,
Office of the Sub Registrar,
Kadayanallur,
Tenkasi District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8300 of 2021
N.ANAND VENKATESH.J.,
TM
W.P.(MD).No.8300 of 2021
22.04.2021
https://www.mhc.tn.gov.in/judis/
