Abraham Timothy. S v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 10897 of 2018 S. Abraham Timothy ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Chennai - 600 004.

2. The Joint Sub Registrar, Joint sub Registrar Office, Saidapet, Chennai - 600 015. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records from the Second Respondent pertaining to the Cancellation Deeds bearing Registration No. 2584 of 2012 dated 26.12.2012 on the file of Joint Sub Registrar Office, Saidapet, Chennai - 600 015 and quash the same. For Petitioner : Mr. R.Dhanasekaran For Respondents : Mr. T.M.Pappiah Special Government Pleader

O R D E R

When it is pointed out by Mr. T.M. Pappiah, Learned Special Government Pleader, who takes notice for the First and Second 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 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 -vs- Amudhavalli (Judgment dated 17.07.2019 in W.A. No. 229 of 2018), the Learned Counsel for the Petitioner seeks permission of the this Court to https://hcservices.ecourts.gov.in/hcservices/

withdraw this Writ Petition and he also made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition stands dismissed as withdrawn. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar maya To

1. The Inspector General of Registration, Santhome High Road, Chennai - 600 004.

2. The Joint Sub Registrar, Joint sub Registrar Office, Saidapet, Chennai - 600 015.

+1cc to Mr.S.Ponjeganathan, Advocate, S.R.No.70116 W.P. No. 10897 of 2018 MR(CO) RRS(27/08/2019) https://hcservices.ecourts.gov.in/hcservices/