Madras High CourtWP/8229/2017dismissed

Y.Janeshwarraj, S/O.S.Yuvaraj, v. The Inspector General Of

2017-04-06Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2017

CORAM

The HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.8229 of 2017 & W.M.P.No.8982 of 2017 Y.Janeshwarraj

...Petitioner

vs.

1 The Inspector General of Registration No.100, Santhome High Road Chennai-600 028 2 The Sub Registrar Office of the Sub Registrar of Cheyyur Cheyyur, Kancheepuram District 3 S.Yuvaraj ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the 1st and 2nd respondents herein to take appropriate action on the Petition dated 24th Feb 2017 of the petitioner to cancel the Deed of Revocation viz. registered as Document Nos.5171 of 2012 and 5172 of 2012 dated 18th December 2012 on the file of the 2nd respondent as illegal, null and void.

For Petitioner : Mr.K.R.Vijayakumar For Respondents : Mr.A.N.Thambidurai Spl. Govt. Pleader

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action on the petition dated 24th Feb 2017 to cancel the Deed of Revocation registered as Document Nos.5171 of 2012 and 5172 of 2012, dated 18th December 2012, on the file of the 2nd respondent as illegal, null and void.

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2. It is the case of the petitioner that the third respondent had executed the deed of revocation by ill-advise, therefore, the deed of revocation should be cancelled.

3. Since the relief sought for by the petitioner can be decided only by a Civil Court, I am of the firm view that the writ petition filed under Article 226 of the Constitution of India is not maintainable and the issue between the petitioner and the third respondent can be decided only by a competent Civil Court.

With these observations, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj To 1 The Inspector General of Registration No.100, Santhome High Road Chennai-600 028 2 The Sub Registrar Office of the Sub Registrar of Cheyyur Cheyyur, Kancheepuram District +2cc to Mr.Vijayakumar, Advocate, S.R.No.20711 +1cc to the Government Pleader, S.R.No.21038 W.P.No.8229 of 2017 & W.M.P.No.8982 of 2017 SS(CO) RS(11/04/2017) https://hcservices.ecourts.gov.in/hcservices/