Madras High Court
V.A. Ponnusamy vs The Inspector General Of Registration on 27 July, 2020
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 4190 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2020
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 4190 of 2020
and
W.M.P. No. 4953 of 2020
V.A. Ponnusamy ... Petitioner
-vs-
1. The Inspector General of Registration,
Registration Department,
No. 100, Santhome High Road,
Chennai - 600 028.
2. The District Sub-Registrar,
Erode Sub-Registrar Office,
Rangampalayam,
Erode - 638 009.
3. The Sub-Registrar,
SRO Office,
Avalpoondurai,
Kangeyam Road,
Erode - 638 115.
4. The Tahsildar,
Perundurai Taluk,
Perundurai,
Erode - 638 052.
5. K. Chinnasamy ... Respondents
1/6
http://www.judis.nic.in
W.P. No. 4190 of 2020
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Mandamus, directing the First to Third Respondents to consider
the representations dated 28.01.2020 and 10.02.2020 and not register the
alienation of the property bearing survey Nos. 630/1C, 630/2A2, 630/2A5,
631/1A1B, 631/1A1D, 631/1A1G situated in Vadamugam Vellode Village and the
property situated in Thenmugam Vellode Village bearing Survey Nos. 1203/1A,
1B, 1203/2A, 2B, 2C, 2D, 2E, 2F, 2G; 1205/2A, 2B, 2C; 1206/2A, 2B, 2C, 2D;
1206/6A, 6B; 1211/5A, 5B; 1099/3A, 3B; 1107/2A, 2B; 1175/1A, 1B, 1C, 1D;
1176/1A, 1B, 1C; 1212/1A, 1B, 1C, 2A, 2B, 2C, 2D, 2E without following the due
process of law.
For Petitioner : Mr. Naveen Kumar Moorthy
for Mr. V.P.K. Gowtham
For Respondents : Mr. T.M. Pappiah,
Special Government Pleader (for R1 to R3)
Mrs. P. Rajalakshmi,
Additional Government Pleader (for R4)
ORDER
(through video conference) This Writ Petition, which was disposed at the time of admission on 21.02.2020, is listed today on receipt of the letter dated 16.07.2020 from the Learned Counsel for the Petitioner through e-mail for 'clarification'.
2/6http://www.judis.nic.in W.P. No. 4190 of 2020
2. The Writ Petition was dismissed as withdrawn with liberty granted to the Petitioner to file an application in O.S. No. 48 of 2019 before the District Court, Erode, seeking restraint of alienation of the property in that suit without prior permission of that Court as required under Section 52 of the Transfer of Property Act, 1882, during its pendency. Learned Counsel for the Petitioner states that Mr. M.Tamizharasan, Learned Additional Government Pleader, who had appeared for the First to Third Respondents during that hearing on 21.02.2020, had produced the letter no. Na.Ka. No. 19/2020 dated 21.02.2020 from the Sub-Registrar, Avalpoondurai informing that no document relating to the property in respect of the aforesaid suit would be registered without prior permission of that Court, though the said fact has not been recorded in the order passed by this Court.
It is borne out from the record that such letter dated 21.02.2020 had been produced before this Court and the Learned Counsel for the Petitioner has been then furnished a copy of the same. The grievance is now sought to be ventilated by the Petitioner that despite the aforesaid letter produced before this Court, a document has presented for registration relating to that property.
3/6http://www.judis.nic.in W.P. No. 4190 of 2020
3. Mr. T.M.Pappiah, Learned Special Government Pleader appearing for the First to Third Respondents, on instructions, states that though a document has been presented for registration relating to that property, it has not yet been registered awaiting legal opinion, and that he would suitably advice that the document shall not be registered without permission of the Civil Court, where the suit relating to that property is pending. It would suffice to place the aforesaid statement on record and nothing remains for further consideration in the matter.
27.07.2020
vjt
Index : Yes/No
Note: Issue order copy by 03.08.2020.
To
1. The Inspector General of Registration, Registration Department, No. 100, Santhome High Road, Chennai - 600 028.
2. The District Sub-Registrar, Erode Sub-Registrar Office, Rangampalayam, Erode - 638 009.
4/6http://www.judis.nic.in W.P. No. 4190 of 2020
3. The Sub-Registrar, SRO Office, Avalpoondurai, Kangeyam Road, Erode - 638 115.
4. The Tahsildar, Perundurai Taluk, Perundurai, Erode - 638 052.
5/6http://www.judis.nic.in W.P. No. 4190 of 2020 P.D. AUDIKESAVALU, J.
vjt W.P. No. 4190 of 2020 27.07.2020 6/6 http://www.judis.nic.in