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Madras High CourtWP/25807/2013dismissed

S.G.Raja v. The Inspector General

2020-07-23Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.25807 of 2013

1. S.G. Raja

2. Palanivel ... Petitioners v.

1.The Inspector General of Registration, Santhome High Road, Chennai - 600 028.

2.The District Registrar, Krishnagiri District, Krishnagiri.

3. The Sub Registrar, Kaveripattinam Krishnagiri District.

4. Padmanabhan ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 3rd respondent to annul the sale deed dated 25.07.1958 registered as Document No.2140 of 1958 on the file of the 3rd respondent and delete the entries in the encumbrance certificate and its records in respect of the same. For Petitioners : Mr.C. Prabakaran For Respondents : Mr. B. Kannan Government Advocate - for R1 to R3 No Appearance - for R4

O R D E R

The petitioners have filed the above Writ Petition to issue a Writ of Mandamus directing the 3rd respondent to annul the sale deed dated 25.07.1958 registered as Document No.2140 of 1958 on the file of the 3rd respondent and delete the entries in the Encumbrance Certificate and its records in respect of the same.

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2. The relief sought for in the Writ Petition cannot be granted under Article 226 of the Constitution. The remedy open to the petitioners is only to go before the Civil Court and raise all the issues pertaining to the registered sale deed dated 25.07.1958. In such view of the matter, I am not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar Rj To 1.The Inspector General of Registration, Santhome High Road, Chennai - 600 028.

2.The District Registrar, Krishnagiri District, Krishnagiri.

3. The Sub Registrar, Kaveripattinam Krishnagiri District.

+1cc to Mr.Prabhakaran , Advocate SR.No. 25128 +1 cc to Government Pleader Sr.No. 25295 W.P.No.25807 of 2013 A.SK(03/08/2020) https://hcservices.ecourts.gov.in/hcservices/