The petitioner filed a writ petition under Article 226 seeking direction to authorities to take action and remove a sub-registrar who allegedly illegally registered a document, noting a civil suit was pending.
The Writ Petition was dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.No.8930 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
WP.No.8930 of 2021
G.Mathu .. Petitioner
Versus
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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to take appropriate departmental action against the Pennagaram Sub-Registrar and remove from service and consequently direct the third respondent to take necessary action against the petitioner representation dated 11.11.2019.
For Petitioner : Mr.C.Palanisamy
For Respondents : Mr.L.S.M.Hasan Fizal
Additional Government Pleader – R1, 2, 4 & 5
Mr.S.Sugendran
Additional Government Pleader – R3
ORDER
This Writ Petition has been filed to direct the first respondent to take appropriate departmental action against the Pennagaram Sub-Registrar and remove him from service and consequently direct the third respondent to take
necessary action against the petitioner representation dated 11.11.2019.
Additional Government Pleader appearing for respondents and perused the materials available on record.
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vide registered sale deed dated 13.12.2010 and he is in enjoyment of the property since the date of purchase. While so, one Nagaraj illegally registered a document in respect of the property on 15.05.2019. In this regard the petitioner sent a representation to the respondents 1 to 3 on 11.11.2019. But no action has been taken by them. Hence, the present Writ Petition.
civil suit is pending with regard to dispute between the parties. Since already a Civil Suit is pending with regard to the dispute between the parties, whatever document is registered in respect of the property, which is also a subject matter of the suit, rights will based on the decision of the suit. In such view of the matter, the direction as sought for by the petitioner cannot be issued and there is no merits in this Writ Petition.
20.06.2024
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Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No
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N. SATHISH KUMAR, J.
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W.P.No.8930 of 2021
20.06.2024
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2 issues framed by the court
Whether the High Court can direct the authorities to take departmental action against a subordinate registrar and remove him from service in a case where a civil suit is pending regarding the disputed
Whether the petitioner is entitled to a Writ of Mandamus directing removal of a sub-registrar who illegally registered a document in a property already subject matter of a civil suit.
1 provisions across 1 enactments
G. Mathu
Inspector General of Registration
Deputy Inspector General of Registration
Director, Vigilance and Anti Corruption
District Registrar, Dharmapuri
Sub Registrar, Pennagaram
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
