E.Kumar, Old D.No.7/96a, v. The District Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2020 CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.13219 of 2016 E.Kumar Rep by his Power Agent Mr.R.Ashokkumar ... Petitioner Vs.
1.The District Registrar (In the cadre of A.I.G. of Regn) Chennai South Saidapet, Chennai - 15.
2.P.Narayanasamy Naidu 3.J.Subbamma
...Respondents
Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus to direct the first respondent to consider the petitioner's representation dated 03.3.2016 and pass an order based on the petitioner's representation.
For Petitioner : Mr.D.Senthil Kumaar For Respondents: Mr.B.Kannan Government Advocate [R1] Mr.R.Amizhdhu [R3]
O R D E R
The petitioner has filed the above writ petition to issue a Writ of Mandamus directing the first respondent to consider his representation dated 03.3.2016, seeking for cancellation of four sale deeds vide Document Nos.288/1987, 4298/1995, 1000/1999 and 211/2003.
2. The learned counsel appearing for the petitioner submitted that the petitioner is seeking for cancellation of the documents which were fraudulently executed.
3. Mr.B.Kannan, learned Government Advocate appearing for the first respondent submitted that the first respondent has no jurisdiction to cancel the sale deeds and the only remedy open to the petitioner is to approach the Civil Court. https://hcservices.ecourts.gov.in/hcservices/
4. I fully agree with the submissions of the learned Government Advocate appearing for the first respondent. The first respondent has no power to cancel the sale deeds, as sought for by the petitioner in his representation dated 03.3.2016. In such view of the matter, I am not inclined to entertain the writ petition and accordingly, the writ petition is dismissed. However, it is open to the petitioner to work out his remedy before the competent Civil Court, in accordance with law. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ds To:
The District Registrar (In the cadre of A.I.G. of Regn) Chennai South Saidapet, Chennai - 15 +1 cc to The Government Pleader, Sr.No. 30417 +1 cc to M/s.D.Senthil kumar , Advocate Sr.No. 30206 W.P.No.13219 of 2016 AJS(CO) RMP(23/10/2020) https://hcservices.ecourts.gov.in/hcservices/