Francis James Scott v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8168 of 2019 Francis James Scott

...Petitioner

Vs.

1. The District Registrar, Salem West, Salem-1.

2. The Sub-Registrar, Yercaud, Salem District, Salem-1.

3. The Sub-Registrar, Tharamangalam, Salem District.

4. C.Chakravarthy

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to cancel the General Power of Attorney registered as document No.2068 of 2017 dated 19.06.2017 on the file of the SRO Tharamangalam executed by the petitioner and others in favour of C.Chakravarthy.

For Petitioner : Mr.K.Gajendiran For Respondents : Mr.P.P.Purushothaman Government Advocate for R1 to 3

O R D E R

This Writ Petition is filed seeking for a Mandamus, directing the respondents to cancel the General Power of Attorney registered as Document No.2068 of 2017 dated 19.06.2017 on the file of the Sub-Registrar Office, Tharamangalam executed by the petitioner and others in favour of the 4th respondent herein.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court.

3. It appears that the petitioner and others seems to have executed the Power of Attorney in favour of the 4th respondent and that the allegation against the 4th respondent is that he is misusing such power.

4. Under the above circumstances, the petitioner has filed the present writ petition with the relief as stated supra. I do not think that the petitioner is justified in approaching this Court to invoke its jurisdiction under Article 226 of the Constitution of India to settle the private score between the petitioner and the 4th respondent. Needless to say that the dispute between the petitioner and 4th respondent purely a civil in nature, has to be agitated and adjudicated upon only before the Competent Civil Forum by filing appropriate proceedings. Therefore, I find that the present Writ Petition is totally misconceived. Thus, the writ petition fails and the same is dismissed. No costs.

sni/mk Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The District Registrar, Salem West, Salem-1.

2. The Sub-Registrar, Yercaud, Salem District, Salem-1.

3. The Sub-Registrar, Tharamangalam, Salem District.

+1cc to the Govt.Pleader, Vide Sr.No.27981 W.P.No.8168 of 2019 Kak(15/05/2019) https://hcservices.ecourts.gov.in/hcservices/