D.Saravanan v. Inspector General Of Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 3205 of 2020 D.Saravanan ... Petitioner Vs.

1. Inspector General of Registrar Inspector General Office No.100, Santhome Road Chennai - 600 028.

2. The District Registrar District Registrar Office Kallakurichi District.

3. The Sub-Registrar Sub Registrar Office Vadaponparabee Sangarapuram Taluk Kallakurichi District.

4. Duraisamy

5. D.Rajavel ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Respondents to take appropriate action upon the Petitioner's representation dated 23.12.2019.

For Petitioner :

Mr. M.Mariappan For Respondents:

Mr. M.Tamizharasan Additional Government Pleader (For R1 to R3)

O R D E R

When it is pointed out by Mr. M.Tamizharasan, Learned Additional Government Pleader, who takes notice for the First to Third Respondents that the Petitioner cannot call upon the Registering Authority to cancel registration of a document executed between some other persons relating to the property claimed to be owned by him and his remedy in that regard is to institute suit in the jurisdictional Civil Court invoking Section 31 of the Specific Relief Act, 1963, as held by the Full 1/2 https://hcservices.ecourts.gov.in/hcservices/

Bench of this Court in Muppudathi Pillai -vs- Krishnaswami Pillai (AIR 1960 Madras 1), while considering Section 39 of the Specific Relief Act, 1877 (corresponding to Section 31 of the Specific Relief Act, 1963), which has been reiterated by the Division Bench of this Court in P. Rukumani -vsAmudhavalli (Judgment dated 17.07.2019 in W.A. No. 229 of 2018), Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Asst.Registrar (CS-IX) /true copy/ Sub Asst. Registrar maya To

1. Inspector General of Registrar Inspector General Office No.100, Santhome Road Chennai - 600 028.

2. The District Registrar District Registrar Office Kallakurichi District.

3. The Sub-Registrar Sub Registrar Office Vadaponparabee Sangarapuram Taluk Kallakurichi District.

+1 cc to Mr.M.Mariappan Advocate sr11759 +1 cc to Government pleader sr11379 W.P. No. 3205 of 2020 aa17/02/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/