Ravikumar v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5111 of 2022 Ravikumar ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Anna Salai, Chennai.

2. The Sub-Registrar, Gomangalam, Pollachi Taluk.

3.Myilsamy ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent not to register any documents submitted by the third respondent as per the objection letter dated 18.02.2022 made by the petitioner.

For petitioner : Mr.B.Kumarasamy For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the second respondent not to register any documents submitted by the third respondent as per the objection letter dated 18.02.2022 made by the petitioner.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since, no adverse order is being passed against the third respondent, notice to the third respondent is dispensed with.

4. The case of the petitioner is that the petitioner is the owner of the property comprised in old S.F.No.397F and 397H, now https://hcservices.ecourts.gov.in/hcservices/

S.F.No.397/19 & 397/23 measuring an extent of 5.83 acres, situated at Kongal Nagaram, Udumalpet Taluk, Tiruppur District, for which a suit in O.S.No.56/2022 is pending before the District Munsif Court, Udumalpet. Even then, the second respondent is entertaining the document presented by the third respondent, challenging the same, the present Writ Petition has been filed by the petitioner for the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the second respondent to consider the petitioner's representation dated 18.02.2022 within the time frame that may be fixed by this Court.

6. Considering the facts and circumstances, the fact in the present case is not in dispute, admittedly, the Registration Department Register the document govern by Registration Act, and refuse to register the document available under Section 71 to 76 of the Act. Except this provision, no other provision is available to issue direction, to refuse, to register the document. Hence, the prayer sought for in the present writ petition cannot be granted.

7. Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to work out his remedies in the manner known to law. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar tri/anu To

1. The Inspector General of Registration, Santhome High Road, Anna Salai, Chennai.

2. The Sub-Registrar, Gomangalam, Pollachi Taluk.

+1cc to Mr.B.Kumarasamy, Advocate, S.R.No.15431 +1cc to the Government Pleader, S.R.No.16229 W.P.No.5111 of 2022 MT(CO) CT 04/04/2022 https://hcservices.ecourts.gov.in/hcservices/