Vincent Raj v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.34337 of 2017 Vincent Raj S/o.Mr.Aseervatham ... Petitioner versus 1.The Sub Registrar Gandhipuram Sub Registrar Office Saravanampatti Coimbatore - 641 035.

2.Mrs.Urmila W/o.Subbramaniyan

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the registered cancellation of General Power of Attorney deed dated 23.11.2017 on the file of the 1st respondent and to declare the said cancelled General Power of Attorney deed under Document No.8667/2017 dated 23.11.2017 as null and void.

For Petitioner : Mr.G.Murugendran For Respondents: Mr.S.Navaneethan Additional Government Pleader

O R D E R

The petitioner is aggrieved against the cancellation of the General Power of Attorney Deed dated 23.11.2017, executed by the second respondent, who is admittedly the Principal. Therefore, the petitioner filed the present writ petition and seeks to cancel the cancellation deed of General Power of Attorney dated 23.11.2017, by raising very many contentions and grounds, which undoubtedly, would show that a pure and simple civil dispute between the petitioner and the second respondent in respect of execution of the Power of Attorney and subsequent, cancellation of the same, is sought to be projected as though the same is a matter for consideration under Article 226 of the Constitution of India.

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2. I do not think that the petitioner is well advised to approach this Court and file a writ petition, by invoking the jurisdiction under Article 226 of the Constitution of India, when the first respondent being the registering authority has nothing to do with the private dispute between the petitioner and the second respondent. If the petitioner is having any grievance against the second respondent, he has to work out his remedy before the competent Civil Court in a manner known to law, by filing appropriate proceedings. In any event filing of the present writ petition, that too, for challenging the cancellation of the General Power of Attorney Deed is not at all maintainable. Thus, this Court is of the view that the prayer sought for in this writ petition is totally mis-conceived. Accordingly, the writ petition fails and thus, the same is dismissed. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mk To The Sub Registrar Gandhipuram Sub Registrar Office Saravanampatti Coimbatore - 641 035.

+1 CC to Mr.G.Murugendran, Advocate sr 468.

+1 CC to Govt. Pleader sr 1152.

W.P.No.34337 of 2017 SP(22/01/2018) https://hcservices.ecourts.gov.in/hcservices/