J.T. Raja Sharmila v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.4183 of 2018 J.T.Raja Sharmila
...Petitioner
Vs 1.The Inspector General of Registration, Santhome High Road, Chennai.
2.Rajkumar The District Registrar, Krishnagiri.
3.Punitha, The District Registrar (Administration), Krishnagiri District.
4.S.Manickam, Sub Registrar, Hosur.
5.Mageshwaran, Joint Sub Registrar, Hosur.
6.Loganathan 7.Ramakka 8.Thayyappa 9.Murali 10.Mahaboob Jan 11.Vijayalakshmi Ammal
...Respondents
Prayer:-Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified mandamus to call for the order of the third respondent in Ref.4600/U/2016 dated 28.04.2017 and quash the same and consequently directing the first respondent to cancel the subsequent documents of the petitioner's property in S.F.No.502/1C, Plot No.2, Zuzuvadi Village, Hosur Taluk, Krishnagiri District a total extent of 2400 sq.ft.
For Petitioner :
Mr.S.Gunalan For Respondents:
Mr.R.Govindasamy for R1 to R5 Special Government Pleader
ORDER
Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 to 5. Since the writ petition is being disposed of without affecting the interest of the respondents 6 to 11, notice to them is dispensed with. 2.The petitioner is aggrieved against the order of the District Registrar viz., the second respondent dated 28.04.2017, rejecting the petitioner's request for cancellation of the subject matter sale deed and the connected documents.
3.Though the petitioner has raised several grounds on merits of the matter, this Court is not inclined to go into the same, as it is open to the petitioner to file an appeal before the first respondent challenging the order of the second respondent. When such alternative remedy is available, this court is not inclined to entertain this writ petition, since such Appellate Authority is also a fact finding authority, who in turn can go into all these contentions raised in this writ petition. 4.Therefore, without expressing any view on the merits of the claim made by the petitioner, the writ petition is disposed of, by granting liberty to the petitioner to file such appeal before the first respondent within a period of four weeks from the date of receipt of a copy of this order.
If any such appeal is filed, the first respondent shall consider and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned and also without reference to the period of limitation, as expeditiously as possible. The Registry is directed to the return the original impugned order to the petitioner to file appeal. No costs.
-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar
To 1.The Inspector General of Registration, Santhome High Road, Chennai.
2.Rajkumar The District Registrar, Krishnagiri.
3.Punitha, The District Registrar (Administration), Krishnagiri District.
4.S.Manickam, Sub-Registrar, Hosur.
5.Mageshwaran, Joint Sub Registrar, Hosur.
+ 1 cc to Mr.S.Gunalan, Advocate Sr.No. 14440 + 1 cc to The Government Pleader Sr.No.14773 W.P.No.4183 of 2018 RRI 08/03/2018