K.Buvaneswari v. The Inspector General Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.10515 of 2024 K.Buvaneswari .. Petitioner

Versus

1.The Inspector General of Registration 100, Santhome High Road, Mulima Nagar Mandavelipakkam, Raja Annamalaipuram Chennai - 600 028 2.The District Registrar Chengalpattu 3.Meenakshi 4.Narmatha 5.Senthil Kumar 6.J.Jegajothi 7.J.Selva Prakash 8.M.Selvi 9.Minor M.Logesh 10.A.Kalavathi 11.C.Duraiswamy 12.N.Subramani 13.Manimegalai 14.Manjula 15.T.Sundaramoorthy 16.Vimala 17.Saravanan 18.Mala 19.Devei 1/4

20.Jamuna 21.Ravi 22.Girija .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 04.10.2023. For Petitioners : Mr.K.Gajalakshmi (Party in Person) For Respondents : Mr.Yogesh Kannadasan for R2 Special Government Pleader

ORDER

This writ petition has been filed to consider the representation of the petitioner dated 04.10.2023 to cancel the document.

2. The petitioner appeared as Party-in-Person before this Court.

3. It is the grievance of the writ petitioner that the property belonged to maternal grandfather of the petitioner, who had two wives, the petitioner's mother is the daughter of the second wife. According to her, only sons born through the first wife and second wife partitioned the property in the year 1986. Therefore, those document should be cancelled on the ground of fraudulent transactions.

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4. Heard both sides and perused the materials placed on record.

5. On perusal of the entire materials, this Court is of the view that a suit is already pending in O.S.No.258 of 2021 before the Principal District Judge, Chengalpet. Such view of the matter, it is for the writ petitioner to establish her rights before the Civil Court. Merely on the basis of some allegations of fraudulent transactions, the registering authorities have no power to cancel documents.

6. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 08.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Inspector General of Registration 100, Santhome High Road, Mulima Nagar Mandavelipakkam, Raja Annamalaipuram Chennai - 600 028 2.The District Registrar Chengalpattu 3/4

N. SATHISH KUMAR , J.

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