Mr.M.Pasupathy, v. Mr.Ganesan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.32616 of 2013 and M.P.No.1 of 2013 Mr. N. Pasupathy ... Petitioner v.

1. Mr. Ganesan 2.. Mr. V. Mottaiyan

3. The Sub Registrar, Selaiyur, Kancheepuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, directing the third respondent herein to cancel the settlement deed dated 02.08.2012 executed by the 1st respondent herein in favour of his sisters and registered as Document No.5759 of 2012 in the office of the Sub Registrar, Selaiyur as sham and nominal. For Petitioner : No Appearance For Respondents : Mr. B. Kannan Government Advocate - for R3

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the 3rd respondent to cancel the settlement deed dated 02.08.2012 executed by the 1st respondent in favour of his sisters and registered as Document No.5759 of 2012 in the office of the Sub Registrar, Selaiyur as sham and nominal.

2. On a reading of the affidavit filed in support of the Writ Petition it is clear that the dispute is between the private parties. That apart, for seeking cancellation of the settlement deed dated 02.08.2012, the remedy is not under Article 226 of the Constitution of India and the petitioner has to approach only a competent Civil Court for the relief sought for in the Writ Petition.

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3. In such view of the matter, I am not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed.

No costs.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar Rj To The Sub Registrar, Selaiyur, Kancheepuram District.

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