K. MANOKARAN Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) This instant Writ Petition has been filed seeking for a Certiorarified Mandamus to quash the impugned order dtd. 5/1/2011 passed by the 1st respondent on the basis of the order dtd. 9/12/2010 made by the 4th respondent and consequently direct the 2 nd respondent to remove the encumbrance entry No.1 of 2011 dtd. 24/11/2011 in respect of the property in S.N.462/2B2 to an extent of 22.5 hectares of Devipatinam Village, Ramanathapuram District.

(2.) Heard Mr.D.Balamurugapandi, learned counsel for the petitioner and the Mr.M.Ramesh, learned counsel Government Advocate appearing for the respondents 1 to 2 and Mrs.Farjana Ghoushia, learned Special Government Pleader appearing for 3rd respondent and Mr.S.Ramesh, learned counsel appearing for the 4th respondent.

(3.) Mr.D.Balamurugapandi, learned counsel for the petitioner would submit that the land in S.No.462/282 to an extent of 56 Cents belongs to him. He had purchased the same under registered document number bearing Doc.No.1494 of 2009 dtd. 15/7/2009 on the file of the office of the Sub-Registrar-II, Ramanathapuram. While that being so, the 4th respondent herein by his proceedings dtd. 9/12/2010 addressed to the 2nd respondent herein had indicated that various properties belonged to Arulmighu Thilakeeshwarar Temple, Devipatnam Village , u nder its control, and had requested the 2nd respondent not to register any documents in the list of properties given. The said communication has also been marked to the 2nd respondent. Under item 34, the property in S.No.462/2 measuring an exten t of 2 acres and 52 cents had been included. Based upon which the 1st respondent had issued a communication to the 2nd respondent.