Dismissed

S.Velavan v. The Inspector General of Registration

Madras HC23 Nov 2021WP/25011/2021

Case brief

AI extract

What is this about?

Petitioner sought writ prohibiting registration of properties subject to pending suit for money recovery. Court held prayer has no merit and dismissed petition, allowing separate protest petition route.

What did the court decide?

The writ petition was dismissed. Petitioner is at liberty to file a protest petition before the registering authority, upon which an enquiry must be conducted.

S.Velavan Vs The Inspector General of Registration — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.11.2021

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CORAM

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THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

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WP.No.25011 of 2021

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S.Velavan ... Petitioner

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1.The Inspector General of Registration, Santhome High Road, Chennai 600 028.

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2.The District Registrar, Krishnagiri Registration Office, Krishnagiri.

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3.The Joint Sub Registrar-I, Krishnagiri Sub Registration Office, Krishnagiri.

4.A.S.Saritha

... Respondents

Prayer :-

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 3 not to entertain any sort of registration with regard to the properties comprised in S.Nos.395/1A, 396/1, 399/1C, 399/1D, 397, 397/1 of Kathikutlapalli Village and S.No.92/2 of Kattikanapalli Village based on the petitioner's representation dated 09.11.2021.

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For Petitioner : Mr.M.Selvam For Respondents For R1 to 3 : Mr.Yogesh Kannadasan, Special Government Pleader

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ORDER

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This writ petition has been filed for direction directing the respondents 1 to 3 not to entertain any sort of registration with regard to the properties comprised in S.Nos.395/1A, 396/1, 399/1C, 399/1D, 397, 397/1 of Kathikutlapalli Village and S.No.92/2 of Kattikanapalli Village based on the petitioner's representation dated 09.11.2021.

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https://hcservices.ecourts.gov.in/hcservices/

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Heard, Mr.M.Selvam, the learned counsel for the petitioner, and Mr.Yogesh Kannadasan, Special Government Pleader appearing for the respondents 1 to 3.

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The case of the petitioner is that the fourth respondent borrowed a sum of Rs.15,00,000/- from the petitioner on 08.01.2021 and executed promissory note. However, the fourth respondent failed to repay the same and as such the petitioner filed suit for recovery of money in OS.No.184 of 2021 and it is pending on the file of the Additional District cum Sessions Court, Dharmapuri. The petitioner also filed interlocutory application in IA.No.2 of 2021 for attachment of properties comprised in S.Nos.394/1A, 396/1, 399/C, 399/1D, 397, 397/1 of Kathikutlapalli Village and S.No.92/2 of Kattikanapalli Village and it is pending for enquiry. While pending the suit and the application for attachment of the said properties, the petitioner submitted representation before the respondents 1 to 3 and requested them not to entertain any sort of registration in respect of the said property. However, such prayer cannot be granted by this Court under Article 226 of the Constitution of India. Hence, this writ petition is devoid of merits and liable to be dismissed.

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Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to file protest petition before the concerned registering authority in respect of the subject property. If any protest petition is filed by the petitioner, the registering authority is directed to conduct enquiry on the same and pass orders to register any deed of conveyance presented for registration in respect of the subject property. No order as to costs.

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Sd/Assistant Registrar(CCC)

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//True copy//

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Sub Assistant Registrar

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lok

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1.The Inspector General of Registration, Santhome High Road, Chennai 600 028.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The District Registrar, Krishnagiri Registration Office, Krishnagiri

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3.The Joint Sub Registrar-I, Krishnagiri Sub Registration Office, Krishnagiri +1cc to Mr.M.Selvam, Advocate SR.No.60467 +1cc to Government Pleader SR.No.61105 WP.No.25011 of 2021 CA(CO) GMY(10/12/2021)

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https://hcservices.ecourts.gov.in/hcservices/

S.Velavan v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

S.Velavan v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

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