1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)Nos.9786 and 10225 of 2011 W.P.(MD).No.9786 of 2011 Valli .. Petitioner Vs. 1.The Sub Registrar/Joint Sub Registrar Grade-I Office of the Sub Registrar (Grade-I), Sivagangai, Sivagangai District. 2.Sadayandi 3.Dharmar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the first respondent to take appropriate action and the protest petition given by the petitioner and not to register any document in respect of the petitioner's own property in Survey No.101/1 to the extent of 2 acre 66 cents situated in Kanjarangal group, Sivagangai Taluk & District by considering the petitioner's representation dated 11.07.2011 within the stipulated time prescribed by this Hon'ble Court. For Petitioner :Mr.N.Sathish Babu For Respondents :Mr.TS.Md.Mohideen AGP for R1 Mr.L.Madhusoodhanan for R3 W.P.(MD).No.10225 of 2011 K.Darmar ..Petitioner Vs. 1.The Sub-Registrar/Joint Sub-Registrar Grade-I, Office of the Sub Registrar, Sivagangai, Sivagangai District. 2.Sadayandi 3.Vasantha 4.Rukkumani 5.Mala 6.Vasanthi 7.Deivanai 8.Valli . . Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of writ of Mandamus directing the first respondent not to register any document insofar as the petitioner's interest in the property in S.No.101/1 in Kanjarangal Village, Sivagangai Taluk to the extent of 2 acre 20 cents by considering the petitioner's objection dated 05.09.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner:Mr.S.N.Maheswaran For Respondents:Mr.TS.Md.Mohideen AGP for R1 Mr.N.Sathish Babu for R2 to R8 ORDER The first writ petition is filed by the petitioner seeking a direction to the Sub Registrar/Joint Registrar, Sivagangai to take appropriate action on the petition given by her and not to register any document in respect of the petitioner's property in S.No.101/1 to the extent of 2 acres and 66 cents situated in Kanjarangal group, Sivagangai Taluk. That writ petition was admitted on 29.08.2011. 2. On receiving notice, the third respondent in that writ petition by name Dharmar filed the second writ petition being W.P.(MD).No.10225 of 2011 seeking for a very same prayer except that the extent of land is indicated as 2.20 acres in the very same survey number. That writ petition came up for admission, this Court directed to post the that writ petition along with the earlier writ petition. 3. Register a document or non register a document is covered by the provisions of the Registration Act, 1908 and in case of a wrongful registration, it not as if the parties have no right, they can move the civil Court seeking title over the property. In fact, the Registrar is bound by the decree passed by the civil Court. Even in case of refusal to register any document, Section 77 of the Registration Act provides for a suit to be filed. Therefore, filing of writ petitions is clearly misconceived. However, when the matter came up today, the learned counsel appearing for both petitioners, who are contesting respondents in the other respondent petition, submitted that they are not pressing the writ petitions. Therefore, both the writ petitions are dismissed as not pressed. No costs. jikr Sd/- Assistant Registrar[T&P] /True copy/ Sub Assistant Registrar To THE SUB REGISTRAR/JOINT SUB REGISTRAR GRADE-I OFFICE OF THE SUB REGISTRAR (GRADE-I), SIVAGANGAI, SIVAGANGAI DISTRICT. +1 CC TO M/S.N.SATHISH BABU, ADVOCATE SR.NO.37385. +2 CC TO SPECIAL GOVERNMENT PLEADER, ADVOCATE SR.NO.37545 & 37546. Order made in W.P.(MD)Nos.9786 and 10225 of 2011 Dated:31.10.2011 2P/5C RPB : 09.11.2011 https://hcservices.ecourts.gov.in/hcservices/