K.Velusamy, S/O.Kaliappa v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH WP Nos.14666 and 14667 of 2015 and MP No.1, 1 of 2015 K.Velusamy ....Petitioner in WP No.14666 of 2015 M.Balasubramanian ....Petitioner in WP No.14667 of 2015 Vs.

1 The District Registrar, District Registration Department, Thirupur District,Thiruppur 2 Mariammal 3 R.Karupannan 4 K.Sakthivel 5 R.Kalpana 6 Kamatchiammal 7 Kattammal 8 R.Mohanraj 9 V.T.Subramaniyan ...Respondents in both WPs Common Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to conduct the enquiry in complaint dated .02.2015 in Na.Ka.No.815/ Aa1/2015 given by the petitioner on the file of 1st respondent and direct the 1st respondent to dispose complaint on merits within the time stipulated by this Court.

For Petitioner : Mr.Veeraraghavan in both Wps For Respondents : Mr.S.Arumugam in both WPs Government Advocate for R1

C O M M O N O R D E R These writ petitions were filed for a direction to the 1st respondent to conduct an enquiry on the complaint given by the petitioner and to pass orders within the time stipulated by this Court.

2.The learned counsel for the petitioners submitted that they have given a change of vakkalat to the petitioners in the year 2019 itself and hence, sought for removing their names from the cause-list.

3.On carefully going through the representation made by the petitioners to the 1st respondent, it is seen that the petitioners have sought for the cancellation of registered documents, which were registered on the file of the Sub Registar Office, Tharapuram.

4.In the considered view of this Court, the cancellation of registered document can be sought for only before a competent Civil Court and the 1st respondent will not have the jurisdiction to cancel a registered document. It is also seen from the averments made in the affidavit filed in support of the writ petition that there are pending suits between the parties. In view of the same, the direction as sought for by the petitioners cannot be granted by this Court. Liberty is granted to the petitioners to agitate their rights before the Competent Civil Court.

5.Both these writ petitions are disposed of accordingly. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rka To The District Registrar, District Registration Department, Thirupur District, Thiruppur +1cc to the State Government Pleader, S.R.No.42011 W.P.No.14666 & 14667 of 2015 EV(CO) RGA(18/07/2022)