Madras High Court
R.Perumal vs The Sub Registrar on 5 October, 2023
W.P.(MD)No.14576 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.14576 of 2020
and
W.M.P.(MD).No.12223 of 2020
R.Perumal ... Petitioner
Vs
1.The Sub Registrar,
Department of Registration, Panagudi,
Tirunelveli District.
2.Jesus Raja
3.E.S.Ashok
4.Sri Moogambigai Spinning Mills Limited,
Represented by E.N.Palanisamy,
Karigampalayam Village, Avinasi Taluk,
Coimbatore District.
5.Shahul Hameed ...Respondents
(Respondent No.5 is impleaded vide Court Order dated 17.12.2020 made
in W.M.P.(MD).No.13858 of 2020 in W.P.(MD).No.14576 of 2020)
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the 1st Respondent to
consider the Petitioner’s representation dated 30/09/2020 submitted to him
1/5
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W.P.(MD)No.14576 of 2020
for non registration any document in any from in respect of Ayan Punja
Survey No. 1943/2 situated at Perungudi Part - 2 Village, Radhapuram
Taluk Tirunelveli District, within Panagudi Sub Registration measuring to
an extent of 4 Acres 58 cents with a well and allied property bearing Ayan
Punja Survey Nos.1943/2B1, 1943/2B2 and 1863/2 measuring to an extent
of 2 Acre 78 Cents respectively in the same Village and Taluk on merits
and in accordance with law and dispose of the same within a time frame as
specified by this Court.
For Petitioner : Mr.S.Palani Velayutham
For R-1 : Ms.D.Farjana Ghoushia
Special Government Pleader
For R-3 : Mr.L.George Paul Anto
For R-5 : Mr.R.J.Karthick
ORDER
This Writ Petition has been filed for the issue of writ of
mandamus directing the first respondent not to register any document
pertaining to the subject property by considering the representation made
by the petitioner on 30.09.2020,
2. Heard the learned counsel appearing for the petitioner as
well as the learned Special Government Pleader appearing for the first
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W.P.(MD)No.14576 of 2020
respondent and learned counsel appearing for the third and fifth
respondents.
3. The main ground on which this Writ Petition was filed was
that the subject property absolutely belongs to the petitioner and his
brother and that they have not sold the property in favour of anyone and in
spite of the same, the second respondent had created encumbrance over the
property by selling the property in favour of the third respondent and
thereafter, the third respondent was also attempting to deal with the
property with the third parties. In view of the same, the petitioner had
given an objection to the first respondent stating that no document must be
entertained pertaining to the subject property.
4. When the matter was taken up for hearing, the Judgment
Passed in O.S.No.257 of 2013 dated 06.02.2023 was placed before this
Court. On going through the Judgment, it is seen that that the petitioner
along with three others had filed a suit seeking for the relief of declaration
and for permanent injunction. This suit was filed as against respondent
Nos.2 to 4 and others. The suit pertains to the very same subject property.
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W.P.(MD)No.14576 of 2020
The said suit was dismissed for non-prosecution on 06.02.2023. In view
of the same, the representation made by the petitioner to the first
respondent to the effect that no document must be entertained pertaining to
the subject property cannot be acted upon. Hence, the relief sought for by
the petitioner cannot be granted by this Court. It is made clear that as and
when the petitioner restores the suit, it is left open to the petitioner to seek
for appropriate remedy before the concerned Court and proceed further in
accordance with law. This will sufficiently safeguard the right and interest
of the petitioner in the subject property.
5. This Writ Petition is disposed of accordingly. No costs.
Consequently, the connected miscellaneous petition is closed.
05.10.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
To
The Sub Registrar,
Department of Registration, Panagudi,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.14576 of 2020
N.ANAND VENKATESH, J.
tsg
W.P.(MD)No.14576 of 2020
05.10.2023
https://www.mhc.tn.gov.in/judis
