Madras High Court
R.Nalina vs The District Registrar on 4 October, 2023
W.A.No.1233 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.1233 of 2023
R.Nalina
(Principal)
rep. through Power Agent
P.Kandaswamy .. Appellant
Vs.
1.The District Registrar,
Salem West, Salem.
2.The Sub-Registrar,
Omalur, Salem District. .. Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent against the
order of the learned Single Judge dated 27.9.2022 passed in
W.P.No.25826 of 2022.
For the Appellant : Mr.M.Elango
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.No.1233 of 2023
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by
Mrs.R.Anitha
Spl. Government Pleader
for respondents 1 and 2
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.M.Elango, learned counsel for the appellant
and Mr.P.Muthukumar, learned State Government Pleader, assisted
by Mrs.R.Anitha, learned Special Government Pleader for the
respondents.
2. The appellant challenges the order passed by the learned
Single Judge. The appellant had filed the writ petition seeking
direction against the respondents to accept the sale deed to be
submitted by the appellant in respect of the property bearing Survey
No.30/1 measuring an extent of 0.77.0 Hectare situated at
Kottagoundampatti Village, Omalur Taluk.
https://www.mhc.tn.gov.in/judis
W.A.No.1233 of 2023
3. Learned Single Judge observed that the appellant can
approach the competent civil court to establish the title.
4. Learned counsel for the appellant submits that there is no
dispute with regard to the title. Joint patta has been issued in favour
of the mother of the appellant and six other persons. An objection is
raised by the temple. The temple is not the owner of the property.
The District Revenue Officer has also held to that effect in the order
dated 10.7.2023 and has asked the temple to approach the civil court.
It is only for the temple to approach the civil court. The objection of
the temple cannot be a ground to refuse the registration. The learned
Single Judge has observed that joint patta is issued in favour of Eswari
and six others for the subject-land and there is no separate patta
issued to Eswari. It is the case of the respondents that the land
belongs to Senrayapperumal temple and that the appellant has no
right over the subject-property.
5. The dispute with regard to title exists. In such case, it is only
the civil court that would be competent to resolve the dispute.
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W.A.No.1233 of 2023
6. Learned Single Judge has kept the remedy of the appellant
open and the rights are not adjudicated under the impugned order. In
view of the fact that liberty is already given by the learned Single
Judge, no further orders are necessary in this appeal.
7. The appeal, as such, is disposed of. There will be no order as
to costs. Consequently, C.M.P.No.19236 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.)
04.10.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
1.The District Registrar,
Salem West, Salem.
2.The Sub-Registrar,
Omalur, Salem District.
https://www.mhc.tn.gov.in/judis
W.A.No.1233 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.No.1233 of 2023
04.10.2023
https://www.mhc.tn.gov.in/judis
