Kavitha v. The District Registrar (Administration)

ORDER This Writ Petition has been filed for a mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 24.04.2023 to remove the name of the respondents 3 to 6 in the entry made in encumbrance in Survey No. 12 / 6A1A1B having Patta No. 35, situated at Anamalai Hills, Valparai Taluk, Coimbatore District.

¶2The learned counsel appearing for the petitioner would submit that though the petitioner initially entered into a sale agreement with the 3rd respondent, no sale deed was executed, since the 3rd respondent failed to come forward to pay the remaining amount. According to the petitioner, the advance amount already paid was returned and hence, he would submit that the entries made in the encumbrance required to be deleted. It is also stated that the petitioner's husband passed away as early as on 21.08.2021 hence, the present writ petition is filed by the petitioner. Page3 of 5

¶3The learned counsel appearing for the private respondents would submit that whatever the advance amount received by the petitioner's husband is not at all repaid and in this regard, a suit for recovery was filed in O.S.No.797 of 2023 before the Principal District Judge, Coimbatore where the petitioner as well as the two legal heirs also impleaded as defendants. Therefore, he would submit that unless otherwise the suit is decided, no order can be passed.

¶5Heard the learned counsel appearing for the petitioner as well as the respondents and perused the material available on record.

¶6In the present case, while the petitioner claim that her husband paid the advance amount received from the private respondents, the private respondents claim that no such amount was received and a civil suit is pending regarding recovery before the Principal District Judge, Coimbatore in O.S.No.797 of 2023 where the petitioner and other two legal heirs are also added as parties.

¶7In such being the case, the disputed question of fact regarding the payment of advance amount is required to be decided in the civil suit. Unless otherwise the civil suit is disposed of, no further order can be passed in this writ petition. Page4 of 5

¶8This Writ Petition is disposed of with the above observations. No costs. 24-03-2026 Index: Yes/No Speaking/Non-speaking order KKN To

¶1The District Registrar (Administration), Coimbatore District, Coimbatore.

¶2The Sub-Registrar, Anaimalai Sub-Registration Office, Anaimalai, Coimbatore District. WPoNo.o18488oofo2023 KRISHNANoRAMASAMY,oJ. KKN WPoNo.o18488oofo2023 24-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Kavitha ..Petitioner(s) Vs 1. The District Registrar (Administration), Coimbatore District, Coimbatore. 2. The Sub-Registrar, Anaimalai Sub-Registration Office, Anaimalai, Coimbatore District. 3. Sathish 4. Vasanthi 5. Prabakaran 6. Raji ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 24.04.2023 to remove the respondents name 3 to 6 entry made in encumbrance in Survey No. 12 / 6A1A1B having Patta No. 35, situated at Anamalai Hills, Valparai Taluk, Coimbatore District. Page2 of 5 For Petitioner(s): Mr.K.Nagendra Prasad For Respondent(s): Mr.S.Jayachandran Government Advocate for R1 & R2 Mr.G.Govarthanan for R3 to R6