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Madras High CourtWP/11396/2016dismissed

P.Manoharan v. The Inspector General Of

2021-10-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P. No. 11396 of 2016 P.Manoharan ... Petitioner Vs

1. The Inspector General of Registration, Tamilnadu Santhome, Chennai - 600 004.

2. The District Registrar Chengalpattu Kancheepuram District.

3. The Sub Registrar Cheyyur Sub Registrar Office Kancheepuram District.

4. V.Jayaprakash ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the First Respondent to consider and pass order on representation of the petitioner dated 27.08.2015 with regard to cancellation of Release deed document No.1961 of 2013 dated 30.05.2013 in so far as inclusion of the petitioner's property in the said Release Deed, within a stipulated time as fixed by this Court.

For Petitioner : Mr. D.Nandagopal For Respondents For R1 to 3 : Mr. M.R.Gokul Krishnan Government Advocate For R4 : Mr. Vivek Menon

ORDER

This writ petition is filed to issue a writ of Mandamus, directing the First Respondent to consider and pass order on representation of the petitioner dated 27.08.2015 with regard to cancellation of Release deed document No.1961 of 2013 dated https://hcservices.ecourts.gov.in/hcservices/

30.05.2013 in so far as inclusion of the petitioner's property in the said Release Deed.

2. On perusal of the representation dated 27.08.2015, revealed that the petitioner requested the first respondent to cancel the release deed dated 30.05.2013 and 31.05.2013 vide document No.1961 of 2013. While pending the writ petition, the petitioner also made same representation before the second respondent. On receipt of the same, the second respondent conducted enquiry after issuance of notice to the petitioner and the fourth respondent herein and passed orders on 24.06.2021, thereby directed the petitioner to approach the civil court to cancel the release deed dated 30.05.2013 and 31.05.2013 vide document No.1961 of 2013, since the registering authority has no power and jurisdiction to cancel the release deed. Therefore, this writ petition is devoid of merits and liable to be dismissed.

3. Accordingly, this writ petition is dismissed. No order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lok To

1. The Inspector General of Registration, Tamilnadu Santhome, Chennai - 600 004.

2. The District Registrar Chengalpattu Kancheepuram District.

3. The Sub Registrar Cheyyur Sub Registrar Office Kancheepuram District.

+1CC to M/s.Vivek Menon, Advocate, Sr.No.52202 +1CC to M/s.D.Nandagopal, Advocate, Sr.No.52501 +1CC to the Government Pleader, Sr.No.52776 W.P. No. 11396 of 2016 GP(CO) SB(17/11/2021) https://hcservices.ecourts.gov.in/hcservices/