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Madras High CourtWP/21521/2018dismissed as withdrawal

K.Anandan,S/O.Kaveri Gounder v. The State Rep By Its

2019-07-03Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No.21521 of 2018 and W.M.P. No.25273 of 2018 1.K.Anandan 2.S.K.Jaganathan 3.S.K.Muthu 4.V.Settu 5.S.A.Ajay Bharathi .. Petitioners -vs1.The State Rep. by its Secretary to Government, Commercial Taxes and Religious Endowment Department, Secretariat, Chennai - 600 009.

2.The Inspector Genral of Registration, 100, Santhome High Road, Mylapore, Chennai - 600 028.

3.The District Sub-Registrar, Krishnagiri, Krishnagiri Taluk & District - 635 001.

4.The Sub-Registrar, Kaveripattinam, Krishnagiri Taluk, Krishnagiri District - 635 112.

5.G.Kaveri 6.V.Gopal

7. M.Kalavathi ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 4th respondent to cancel the Sale Deed Doc.Nos.810/2016 and 811/2016 dated 21.03.2016 executed and registered in favour of 7th respondent by the 5th respondent. For Petitioner :

Mr.A.S.Palanisamy

For Respondents :

Mr.T.M.Pappiah Special Government Pleader for R1 to R4 Mr.Y.Jyothish Chander for R5 Mr.T.Sathiyamoorthy for R7 Tapal returned for R6 (Refused)

O R D E R

When it is pointed out that the nature of grievance sought to be ventilated by the Petitioners in the Writ Petition were actually disputes of private character between them and the Fifth to Seventh Respondents which require to be decided after recording of evidence of the parties on their rival contentions and could not be redressed by invoking the public law remedy following summary procedure under Article 226 of the Constitution, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to institute suit impleading necessary parties before the jurisdictional Civil Court for effectual and complete adjudication of the matter and he has made an endorsement to that effect, which is recorded.

2.

Accordingly the Writ Petition is dismissed as withdrawn grating such liberty. No costs.

vjt/rkp Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to Government, Commercial Taxes and Religious Endowment Department, Secretariat, Chennai - 600 009.

2. The Inspector General of Registration, 100, Santhome High Road, Mylapore, Chennai - 600 028.

3. The District Sub-Registrar, Krishnagiri, Krishnagiri Taluk & District - 635 001.

4. The Sub-Registrar, Kaveripattinam, Krishnagiri Taluk, Krishnagiri District - 635 112.

+1cc to Mr.A.S.Palanisamy, Advocate, SR.No.55929 +1cc to Mr.T.Sathiyamoorthy, Advocate, SR.No.55404 +1cc to the Govt.Pleader, Vide Sr.No.56502 W.P. No.21521 of 2018 Kak(24/07/2019)