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D. Durai Vs. The District Registrar, Office of the Registrar, Ramanathapuram District and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P.(MD)No. 17319 of 2016 & W.M.P(MD)No. 12573 of 2016
Judge
AppellantD. Durai
RespondentThe District Registrar, Office of the Registrar, Ramanathapuram District and Others
Excerpt:
.....ward, f, block-1, and to an extent about 45 cents and old s.no.40/4a, new t.s.no.2/3c, ward-f, block-1, situates at kattuparamakudi, paramakudi taluk, ramanathapuram district an extent about 30 cents by considering the petitioner's representation dated 31.08.2016 and for other relief.) 1. the petitioner seeks for a mandamus forbearing the respondents nos.1 and 2 from registering any document through the third respondent with regard to the property comprised in old s.no.40/4a, new t.s.no.2/3a, ward, f, block-1, and to an extent about 45 cents and old s.no.40/4a, new t.s.no.2/3c, ward-f, block-1, situates at kattuparamakudi, paramakudi taluk, ramanathapuram district an extent about 30 cents by considering his representation dated 31.08.2016. 2. the petitioner is the agreement.....
Judgment:

(Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents Nos.1 and 2 from registering any document through the third respondent with regard to the property comprised in Old S.No.40/4A, New T.S.No.2/3A, Ward, F, Block-1, and to an extent about 45 cents and Old S.No.40/4A, New T.S.No.2/3C, Ward-F, Block-1, situates at Kattuparamakudi, Paramakudi Taluk, Ramanathapuram District an extent about 30 cents by considering the petitioner's representation dated 31.08.2016 and for other relief.)

1. The petitioner seeks for a Mandamus forbearing the respondents Nos.1 and 2 from registering any document through the third respondent with regard to the property comprised in Old S.No.40/4A, New T.S.No.2/3A, Ward, F, Block-1, and to an extent about 45 cents and Old S.No.40/4A, New T.S.No.2/3C, Ward-F, Block-1, situates at Kattuparamakudi, Paramakudi Taluk, Ramanathapuram District an extent about 30 cents by considering his representation dated 31.08.2016.

2. The petitioner is the agreement holder with the third respondent. Now, the third respondent wants to alienate the property. Hence, the petitioner filed an objection before the second respondent not to register the document. Since the third respondent is taking steps to alienate the property, the petitioner filed the present writ petition.

3. Admittedly, the petitioner is the agreement holder. If at all the petitioner has grievance against the third respondent-original owner, he should approach the civil Court for getting appropriate remedy based on the sale agreement, therefore, this Court sitting under Article 226 of the Constitution of India cannot entertain this writ petition.

4. Accordingly, this writ petition is dismissed. However, liberty is given to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is also dismissed.


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