M.Muthurathinavel vs The District Registrar
2023 Latest Caselaw 14064 Mad

                                                                           W.A.(MD) No.1867 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 20.10.2023

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                              AND
                         THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                          W.A.(MD) No.1867 of 2023
                                       and C.M.P.(MD) No.14264 of 2023

                     M.Muthurathinavel                                ... Appellant/Petitioner

                                                      -Vs.-

                     1. The District Registrar,
                        Ramanathapuram,
                        Ramanathapuram District.

                     2. The Sub-Registrar,
                        Sayalkudi, Kadaladi Taluk,
                        Ramanathapuram District.

                     3.Kandasamy

                     4.K.Thavamurugan

                     5.K.Thanigaivel

                     6.K.Manikandan

                     7.The Tahsildar,
                       Kadaladi Taluk,
                       Ramanathapuram District.               ... Respondents/Respondents




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                            W.A.(MD) No.1867 of 2023


                     PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
                     set aside the order dated 01.09.2023 made in W.P.(MD)No.19515 of 2021
                     on the file of this Court.


                                           For Appellant      : Mr.K.C.Ramalingam

                                           For Respondents    : Mr.S.P.Maharajan
                                                                Special Government Pleader
                                                                For R1, R2 and R7
                                                     ****
                                                  JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

The Writ Proceedings was instituted by the appellant seeking

the relief to forbear the respondents 1 and 2 from entertaining any sale

deed from any one including the respondents 3 to 6 or power of attorney

to alienate the property in respect of the property in Survey Nos.315/3A2

and 315/3A3 in Patta No.11709, Sayalkudi, Revenue Firka, Kadaladi

Taluk, Ramanathapuram District, till concluding the enquiry pending

before the 1st respondent.

2. Learned counsel appearing for the appellant made a

submission that after arguing the matter before the learned Single Judge,

he made a request for withdrawal of the Writ Petition and the relief was

declined.

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1867 of 2023

3. Even otherwise, the relief sought for in the Writ Proceedings

to forbear the respondents 1 and 2 from entertaining any sale deed or

power of attorney to alienate the property cannot be granted in a Writ

Proceedings. Such relief involves disputed issues of civil nature between

the parties and therefore, the parties are to be relegated to approach the

competent civil Court of law. Since the learned counsel for the appellant

now pleads before us that the parties may be relegated to approach the

civil Court of law, no further adjudication is required and liberty is

granted to approach the civil Court of law.

4. However, the order of the learned Single Judge stands

confirmed and the Writ Appeal is dismissed. No costs. Consequently,

connected Civil Miscellaneous Petition is closed.

                                                                  [S.M.S.J.,] & [V.L.N.J.,]
                     NCC          :Yes/No                                 20.10.2023
                     Index        :Yes/No
                     SJ

                     To

                     1. The District Registrar,
                        Ramanathapuram,
                        Ramanathapuram District.

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1867 of 2023

S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

SJ

2. The Sub-Registrar, Sayalkudi, Kadaladi Taluk, Ramanathapuram District.

3.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

W.A.(MD) No.1867 of 2023

20.10.2023

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