Petition under Article 226 sought writ of mandamus to restrain registration of property pending disposal of an appeal. Court dismissed the petition, holding that directing an official to restrain discharging statutory duty based on affidavit was not permissible.
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W.P(MD).No.4095 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD).No.4095 of 2022
A.Thowlath Nooriya @ Thowlath Nisha
... Petitioner
Vs.,
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the third respondent not to entertain any further registration of the property which is comprised in survey No.139 situated at Kusavankudi Village, Ramanathapuram, based on the petitioner's objection petition vide petition No.53/2019 dated 28.11.2019 until the final disposal of the appeal filed by the petitioner in Appeal No.2022/9005/27/334804/0217 dated 17.02.2022 on the file of the second respondent.
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W.P(MD).No.4095 of 2022
For Petitioner : No appearance For Respondents : Mr.C.Satheesh Government Advocate
ORDER
This writ petition has been filed seeking for issuance of Writ of
Mandamus directing the third respondent not to entertain any further registration of the property which is comprised in survey No.139 situated at Kusavankudi Village, Ramanathapuram, based on the petitioner's objection petition vide petition No.53/2019 dated 28.11.2019 until the final disposal of the appeal filed by the petitioner in Appeal No.2022/9005/27/334804/0217 dated 17.02.2022 on the file of the second respondent.
2 . On perusal of the affidavit filed in support of the writ petition, the petitioner seeks to restrain the official respondent from discharging the statutory duty, which cannot be permissible and accordingly, the Writ Petition stands
dismissed. No costs.
09.08.2024
NCC : Yes/No Index : Yes/No Rmk
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W.P(MD).No.4095 of 2022
To
W.P(MD).No.4095 of 2022
N.SATHISH KUMAR, J.
Rmk
W.P(MD).No.4095 of 2022
09.08.2024
1 issue framed by the court
Whether the petitioner is entitled to a writ direction restraining the third respondent from entertaining further registration of the property pending the disposal of the arbitration appeal.
1 provisions across 1 enactments
A.Thowlath Nooriya @ Thowlath Nisha
The Inspector General of Registration
The Revenue Divisional Officer
The Sub Registrar, Vellipatnam
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
