M/S. Shri Viroomal Issardas v. Joint Sub Registrar Ii
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M/s. Shri Viroomal Issardas Chugani Charitable Trust Represented by its Managing Trustee Mr.Kishore.B Registered Office at Bhagwan Stores No.176, NSC Bose Road Chennai - 600 001.
... Petitioner Vs.
1.Joint Sub Registrar II District Registrar Cadre Thousand Lights No.6, KB Dasan Road, Seetammal Colony MIG Colony, Alwarpet Chennai - 600 018.
2.The Commissioner Hindu Religious Endowment Board Nungambakkam High Road Chennai 600 034.
3.The Executive Officer Arulmighu Agatheeswara Prasanna Venkateswap Perumal Temple No.11, North Mada Street Nungambakkam, Chennai 600 034.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records on the files of the respondent impugned check slip bearing No.RFL/Chennai Central Joint II/ 1/ 2023 dated 23.01.2023, refusing to register the Sale Deed dated 23.01.2023 and quash the same and consequently direct the respondent to register the Sale Deed or any other documents submitted by the petitioner in future for their property comprised in R.S. No.452/71 of Nungambakkam Village.
For Petitioner : Mr.Jayesh.B.Dolia Senior Counsel For M/s.Aiyar and Dolia and Mr.V.P.Mohammed Moin For R1 : Mr.T.Arun Kumar Additional Government Pleader For R2 & R3 : Mr.N.R.R.Arun Natarajan Special Government Pleader [H.R.&.C.E]
O R D E R
After arguing the matter elaborately both by the learned Senior Counsel appearing on behalf of the petitioner and the learned Special Government Pleader appearing on behalf of the respondents 2 and 3, this Court formed an opinion that the relief under Article 226 of the Constitution
of India cannot be granted in view of the fact that the civil rights cannot be established in a writ proceedings.
2. The learned Senior Counsel appearing on behalf of the petitioner at this juncture, on instructions, made a submission that the petitioner may be permitted to withdraw the writ petition for the purpose of working out their remedy.
3. Accordingly, permission is granted and the writ petition stands dismissed as withdrawn. No costs.
12.06.2023 Jeni Index : Yes Speaking order
To 1.The Joint Sub Registrar II District Registrar Cadre Thousand Lights No.6, KB Dasan Road, Seetammal Colony MIG Colony, Alwarpet Chennai - 600 018.
2.The Commissioner Hindu Religious Endowment Board Nungambakkam High Road Chennai 600 034.
3.The Executive Officer Arulmighu Agatheeswara Prasanna Venkateswap Perumal Temple No.11, North Mada Street Nungambakkam, Chennai 600 034.
S.M.SUBRAMANIAM, J.
Jeni 12.06.2023