S SUBRAMANIAN Vs. JOINT SUB-REGISTRAR-III

JUDGEMENT

(1.) THIS writ petition has been filed praying for a writ of Mandamus to direct the respondent to release the document of the petitioner, registered as Document No.62/2008, within a stipulated period.

(2.) IT has been stated that the petitioner's elder brother, S.Thiagarajan, had executed a release deed in favour of the petitioner and his younger brother, S.Swaminathan, in respect of the properties shown in the schedule of the said deed. The properties had been acquired by the petitioner's father and they were in his continuous possession during his life time. Thereafter, he had bequeathed all the properties in favour of the petitioner and his younger brother, S.Swaminathan, by way of a Will. Thereafter, the petitioner and his younger brother had been enjoying the properties, continuously, without any intervention from others. While so, the petitioner's mother namely, Rajamani ammal, had claimed right and title, in respect of the said properties. In such circumstances, the petitioner had filed a suit, in O.S.No.213 of 2006, on the file of the Sub Court II, Trichy, and had also obtained an order of interim injunction restraining the petitioner's mother from alienating the scheduled mentioned properties, during the pendency of the said suit.

(3.) IN the counter affidavit filed on behalf of the first respondent, it has been stated that a document termed as a release deed had been presented for registration, on 21.8.2008. On the presentation of the said document, the usual procedures and guidelines prescribed for the registration of the properties, situated in different registration sub-districts, had been followed and the document had been kept pending for obtaining the details or objections from other Sub-Registrar Offices. The matter was referred to the Sub Registrar, Manapparai, and the joint Registrar, Woraiyur. The Sub Registrar, Woraiyur, vide his communication, dated 25.9.2008, had informed that a civil suit, in O.S.No.213 of 2006, was pending and an order of interim injunction had been obtained, in I.A.Nos.453 and 468 of 2006. By the said injunction orders, the petitioner's mother Rajammal had been restrained from alienating or encumbering the suit schedule properties in question. Since the release deed had referred to the pendency of the civil suit and as it is said that there is a Will executed, on 17.4.2006, and as there are contradictions, with regard to the release of the properties, the respondent had chosen to withhold the document.