S.Ganesh Babu vs The District Registrar
2023 Latest Caselaw 7157 Mad

                                                                        W.A.No.1095 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:      27.06.2023

                                                       CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                           AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                               W.A.No.1095 of 2023

                     S.Ganesh Babu                                       .. Appellant

                                                           Vs

                     1.The District Registrar,
                       Office of the District Registrar,
                       Neriperichal, Tirupur-641 602.

                     2.The Joint-II Sub Registrar,
                       Office of the Joint Sub Registrar,
                       Combined Sub Registrar Office Complex,
                       Neriperichal, Tiruur-641 602.

                     3.The Executive Officer,
                       Arulmigu Vishwara Swamy and
                           Veeraahava Perumal Thirukovil,
                       Hindu Religious & Charitable Endowments,
                       Tirupur-641 604.                                  .. Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order of the learned Single Judge dated 11.8.2022 passed in
                     W.P.No.15717 of 2022.



                     Page 1 of 5


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                                                                               W.A.No.1095 of 2023



                                      For the Appellant        : Mr.R.K.Arjun Raj

                                      For the Respondents      : Mr.K.Karthick Jeganath
                                                                 Government Advocate
                                                                 for respondents 1 and 2


                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.R.K.Arjun Raj, learned counsel for the

appellant, and Mr.K.Karthick Jeganath, learned Government

Advocate for respondents 1 and 2.

2. The appellant assails the order passed by the learned

Single Judge.

3. The learned counsel for the appellant submits that

respondent No.3 does not possess any document to even remotely

suggest that the writ land was given to Dhashi. The registering

authority illegally refused to register the document presented by the

appellant.

https://www.mhc.tn.gov.in/judis W.A.No.1095 of 2023

4. The learned Single Judge has kept the doors of the

appellant open by directing him to approach the civil court and

further observed that if suit is filed by the appellant, the civil court

shall consider the same and pass orders without being influenced by

any of the observations made in the impugned order. Further

directions are given to the second respondent therein to keep the

document pending disposal of the suit enabling the appellant to

proceed with the same after succeeding in the suit.

5. The dispute qua the title can be effectively decided by the

civil court.

6. In view of that, the writ appeal is disposed of. There will

be no order as to costs. Consequently, C.M.P.No.11118 of 2023 is

closed.

                                                              (S.V.G., CJ.)                (P.D.A., J.)
                                                                              27.06.2023
                     Index                   : Yes/No
                     Neutral Citation        : Yes/No
                     bbr

https://www.mhc.tn.gov.in/judis W.A.No.1095 of 2023

To

1.The District Registrar, Office of the District Registrar, Neriperichal, Tirupur-641 602.

2.The Joint-II Sub Registrar, Office of the Joint Sub Registrar, Combined Sub Registrar Office Complex, Neriperichal, Tiruur-641 602.

3.The Executive Officer, Arulmigu Vishwara Swamy and Veeraahava Perumal Thirukovil, Hindu Religious & Charitable Endowments, Tirupur-641 604.

https://www.mhc.tn.gov.in/judis W.A.No.1095 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr

W.A.No.1095 of 2023

27.06.2023

https://www.mhc.tn.gov.in/judis