G.Rohit v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.5556 of 2018 G.Rohit S/o.A.G.Gopinath .. Petitioner Vs.

1.The Inspector General of Registration Santhome, Chennai-4.

2.The Sub Registrar Triplicane Sub Registrar Office Chennai.

3.Usha @ Yogheswari ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent herein to dispose of the petitioner's representation dated 13.12.2017 in accordance with law and to take appropriate action and conduct inquiry into the allegations as against the 1st respondent herein within a time frame. For Petitioner : Mr.T.I.Ramanathan For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

The petitioner seeks for a mandamus directing the first respondent to dispose of his representation dated 13.12.2017, wherein and whereby, the petitioner objected for registering any document in respect of the subject matter property.

2. Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 and 2 and perused the materials placed before this Court.

3. It is seen that the petitioner himself has admitted that https://hcservices.ecourts.gov.in/hcservices/

three suits are pending in respect of the subject matter properties between the parties in OS.Nos.4173/2017, 4853/2017 and 4318/2017. When the suits are already filed and pending before the Civil Court as stated supra, it is for the petitioner to work out his remedy in the said civil proceedings, by filing appropriate interim applications, if at all the petitioner has any cause of action and merit to get some interim relief. Without doing so, the petitioner has parallely proceeded to make a complaint before the first respondent and filed the present writ petition seeking for its disposal. I do not think that the petitioner is justified in making such representation without resorting to pursue his remedy before the Civil Court where the suits are pending. Hence, I find no reason to entertain this writ petition.

This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner. Accordingly, this writ petition is disposed of, by granting liberty to the petitioner to work out his remedy in the Civil Court, where the suits are pending. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk To 1.The Inspector General of Registration Santhome, Chennai-4.

2.The Sub Registrar Triplicane Sub Registrar Office Chennai.

+1cc to Mr.T.I.Ramanathan, Advocate, S.R.No.19019 +1cc to the Government Pleader, S.R.No.19246 W.P.No.5556 of 2018 RRK(19/03/2018) https://hcservices.ecourts.gov.in/hcservices/