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Madras High CourtWP/12800/2024dismissed

K.Thanakodi v. The District Registrar,

2024-06-04Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR K.Thanakodi .. Petitioner

Versus

1.The District Registrar Gobichettipalayam 2.The Inspector General of Registration 100, Santhome High Road, Mullima Nagar Mandavelipakkam, Raja Annamalai Puram Chennai, Tamil Nadu - 600 028 3.P.Seenivasan 4.S.Vijayalakshmi 5.Petthaiyammal 6.Gurusamy .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to complete the enquiry and declare the illegal transactions are not valid and cancel the illegal documents on the petitioner's complaint dated 08.08.2022. For Petitioner : Mr.Mr.N.Mahendra Babu for Mr.N.Iyyakannu For Respondent : Mr.Yogesh Kannadasan for R1 & R2 Special Government Pleader 1/4

ORDER

This writ petition is filed for a direction to the 1st respondent to complete the enquiry and declare the illegal transactions are not valid and cancel the illegal documents on the petitioner's complaint dated 08.08.2022.

2. It is the grievance of the writ petitioner that the properties have been sold by the General Power of Attorney, that too after the death of the Principal, i.e., the petitioner's brother. Hence, the petitioner submitted complaint to the first respondent to cancel the document registered in the years 2007 to 2023. Hence, seeks direction.

3. Heard both sides and perused the materials available on record.

4. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

5. At the outset, this Court is of the view that the petitioner is trying to achieve what he could not achieve in the Civil Court and the very allegations contained in the complaint would indicate that there is no forgery of instrument.

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6. Such view of the matter, as a matter of right, the petitioner cannot invoke the jurisdiction under Section 77-A of the Registration Act.

7. Accordingly, this writ petition stands dismissed. No costs. It is for the petitioner to work out his remedy before the appropriate Court, if properly advised.

04.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The District Registrar Gobichettipalayam 2.The Inspector General of Registration 100, Santhome High Road, Mullima Nagar Mandavelipakkam, Raja Annamalai Puram Chennai, Tamil Nadu - 600 028 3/4

N. SATHISH KUMAR , J.

dhk W.P.No.12800 of 2024 04.06.2024 4/4