Madras High Court
A.R.Subramaniam vs The Inspector General Of ... on 13 September, 2022
W.P.Nos.24226 of 2021 & 23773 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos. 24226 of 2021 & 23773 of 2022
and
W.M.P.Nos. 25539, 25540 of 2021 & 22742 of 2022
1.A.R.Subramaniam
2.A.S.Ramalingam .. Petitioners in W.P.No.24226 of 2021
A.S.Ramalingam .. Petitioner in W.P.No.23773 of 2022
Versus
1.The Inspector General of Registration
100, Santhome High Road
Chennai – 600 028
2.The Sub Registrar
Office of the Sub Registrar
Vellakoil
Tiruppur District
3.M.S.Muthuvel .. Respondents in W.P.No.24226 of 2021
The Sub Registrar
Office of the Sub Registrar
Vellakoil
Tiruppur District .. Respondent in W.P.No.23773 of 2022
1/6
https://www.mhc.tn.gov.in/judis
W.P.Nos.24226 of 2021 & 23773 of 2022
Prayer in W.P.No.24226 of 2021: Writ Petition filed under Article 226 of
the Constitution of India to issue a Writ of Mandamus, forbearing the
respondents 1 and 2 from registering the judgment and decree dated
28.06.2021 made in A.S.No.22 and 23 of 2019 passed by the Ld.Principal
District Court, Tiruppur, presented at the instance of the 3rd respondent, in
view of the stay order dated 27.08.2021 made in C.M.P.No.13662 of 2021
in S.A.No.643 of 2021 and S.A.No.646 of 2021 by considering the
petitioners' representation dated 01.11.2021.
Prayer in W.P.No.23773 of 2022: Writ Petition filed under Article 226 of
the Constitution of India to issue a Writ of Certiorarified Mandamus, calling
for the records relating to the impugned order in RFL/Vellakovil/60/2022,
dated 18.08.2022 passed by the respondent, quash the same and
consequenlty direct the respondent to register the Memorandum of Deposit
of Title Deeds dated 18.08.2022 presented for enhancing the existing credit
facilities in line with earlier MoDTD dated 22.03.2022
(Doc.No.1534/2022).
In W.P.No.24226 of 2021
For Petitioners : Mr.N.Manoharan
For Respondents : Mr.C.Jayaprakash for R1 and R2
Government Advocate
Mr.K.Venkateswaran for R3
In W.P.No.23773 of 2022
For Petitioner : Mr.N.Manoharan
For Respondent : Mr.C.Jayaprakash
Government Advocate
COMMON ORDER
As the issue arise in both the Writ Petitions are one and the same,
2/6
https://www.mhc.tn.gov.in/judis
W.P.Nos.24226 of 2021 & 23773 of 2022
they are disposed of by way of this common order.
2. The writ petition in W.P.No.24226 of 2021 is filed seeking
forbearance of the respondents 1 and 2 from registering the judgment and
decree dated 28.06.2021 made in A.S.No.22 and 23 of 2019 passed by the
Ld.Principal District Court, Tiruppur, presented at the instance of the 3rd
respondent, in view of the stay order dated 27.08.2021 made in
C.M.P.No.13662 of 2021 in S.A.No.643 of 2021 and S.A.No.646 of 2021
by considering the petitioners' representation dated 01.11.2021.
3. The case of the petitioner in W.P.No. 23773 of 2022 is that the
petitioner availed a credit facility during the pendency of the suit and the
credit facility were also sanctioned by the bank and a MoDTD was
executed, when the same was presented before the respondent, the first
respondent refused to register the said MoDTD presented by the petitioner.
Hence, this petition.
4. Mr.N.Manokaran, learned counsel for the petitioners in both the
case submitted in respect to W.P.No.24226 of 2021 that it would suffice if
3/6
https://www.mhc.tn.gov.in/judis
W.P.Nos.24226 of 2021 & 23773 of 2022
the third respondent undertake not to present the A.S.Nos.22 and 23 of 2018
till the disposal of the second appeals in S.A.Nos.643 and 646 of 2021.
Further, with respect to W.P.No.23773 of 2022, he seeks this Court to
permit the petitioner to file appropriate petition before this Court in
S.A.Nos.643 and 646 of 2021 for enhancement of credit facility by
impleeading the first respondent/SRO,Vellakoil.
5. Mr.K.Venkateswaran, the learned counsel for the third respondent
submitted that the third respondent will not present the A.S.Nos.22 and 23
of 2018 till the disposal of the second appeals in S.A.Nos.643 and 646 of
2021.
6. Heard both sides and perused the materials placed on record.In
view of the consent view expressed by the learned counsels, this Court with
respect to W.P.No.24226 of 2021, directs the third respondent not to present
the A.S.Nos.22 and 23 of 2018 till the disposal of the second appeals in
S.A.Nos.643 and 646 of 2021.Further, with respect to W.P.No.23773 of
2022, this Court permits the petitioner to file appropriate petition before this
Court in S.A.Nos.643 and 646 of 2021 for impleading the necessary parties
4/6
https://www.mhc.tn.gov.in/judis
W.P.Nos.24226 of 2021 & 23773 of 2022
including the concerned SRO and work out the remedy in the manner
known to law.
7. With the above view, these writ petitions are disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
13.09.2022
dhk
Index : Yes / No
Speaking Order : Yes / No
To
1.The Inspector General of Registration
100, Santhome High Road
Chennai – 600 028
2.The Sub Registrar
Office of the Sub Registrar
Vellakoil
Tiruppur District
5/6
https://www.mhc.tn.gov.in/judis
W.P.Nos.24226 of 2021 & 23773 of 2022
M.DHANDAPANI, J.
dhk
W.P.Nos. 24226 of 2021
& 23773 of 2022
13.09.2022
https://www.mhc.tn.gov.in/judis
