Balasubramanian v. The Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11-10-2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.9120 of 2015 Balasubramanian .. Petitioner ..Vs..

1.The Registrar, High Court of Madras, Chennai-600 104.

2.The District Judge, Namakkal, Namakkal District.

3.The Principal District Munsiff, Namakkal, Namakkal District.

4.P.Rathinam .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to take immediate action on the representation of the petitioner made to him on 12.1.2015 regarding the tampering of records with respect to the compromise decree passed in O.S.No.375 of 1987 on 19.11.1987 on the file of the third respondent.

For Petitioner : Mr.S.Balasubramanian For Respondents-1to3 : Mr.P.K.Rajagopal For Respondent-4 : Mr.T.Dhanyakumar

O R D E R

The relief sought for in this writ petition is for a direction to direct the first respondent to take immediate action on the representation of the writ petitioner on 12.1.2015 regarding the tampering of records with respect to the compromise decree passed in O.S.No.375 of 1987 dated 19.11.1987 on the file of the third respondent.

2. The learned counsel, appearing on behalf of the respondents 1 to 3, brought to the notice of this Court that in respect of the issues, a report has been already filed and https://hcservices.ecourts.gov.in/hcservices/

actions are to be initiated. However, the relief, as such, sought for by the writ petitioner in the present writ petition cannot be granted, since the same is in relation to the compromise decree passed in O.S.No.375 of 1987 dated 19.11.1987. Such complex facts and circumstances raised between the parties, cannot be adjudicated in a writ proceedings. All such complex facts and circumstances are to be adjudicated by producing original documents and by adducing evidences.

3. Thus, the very relief sought for by the writ petitioner in the present writ petition cannot be entertained under Article 226 of the Constitution of India and accordingly the writ petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Svn To 1.The Registrar, High Court of Madras, Chennai-600 104.

2.The District Judge, Namakkal, Namakkal District.

3.The Principal District Munsif, Namakkal, Namakkal District.

+1cc to Mr.T.Dhanyakumar, Advocate, S.R.No.70804 +1cc to Mr.S.Balasubramanian, Advocate, S.R.No.70879 WP No.9120 of 2015 KJI(CO) rrs 02/11/2018 https://hcservices.ecourts.gov.in/hcservices/