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Madras High CourtWP/10902/2024dismissed

S.M.Siva, v. The Inspector General Of Registration

2024-06-25Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.12011 of 2024 S.M.Siva .. Petitioner

Versus

1.The Inspector General of Registration No.100, Santhome High Road Chennai - 600 028 2.The District Collector Namakkal Namakkal District 3.The District Revenue Officer 1st Floor, Collectorate Tiruchengode Road Namakkal - 637 003 4.The District Registrar Collectorate Campus Back side Nallipalayam, Namakkal District 5.The Sub Registrar Theppakulam Street Tiruchengode, Namakkal District - 637 211 6.The Executive Officer Kuppichipalayam Panchayat Namakkal District 1/4

7.G.Sengotuvel 8.P.Krishnamoorthy 9.S.Mohansundaram 10.S.Sakthivel 11.M.Sulochana 12.K.Mohan 13.M.Kokilavani 14.R.Prakasam 15.R.Eashwaramoorthy .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of declaration, declaring the documents No. 639 of 2022, 2960 of 2022, 6956 of 2022 and 7802 of 2022 registered on the file of the 5th respondent pertaining to S.Nos. 257/1B, 256/18E, 18D, 16, 15, 12A, 14, 13 and 254/4E, 3B, 2B, 1B, 5B, 6B, 7B, 8B which conveys the road portion in the layout as fraudulent and illegal and consequently struck off the same.

For Petitioner : Mr.Shivakumar for Mr.S.P.Harikrishnan For Respondent : Mr.P.Anandha Kumar for R1,4 & 5 Government Advocate Mr.P.Sathish for R2 & R3 Additional Government Pleader Mrs.V.Yamunadevi for R6 Special Government Pleader No appearance for R9 Mr.R.Venkatraman for R7, R8, R10 to R15

ORDER

This writ petition has been filed for a direction to cancel the documents.

2. It is the case of the petitioner that the place earmarked as road has been sold to various persons. Whereas, it is the contention of the learned 2/4

Additional Government Pleader that the areas are not roads and disputed the facts.

3. Heard both sides and perused the materials placed on record. By consent of both parties, this writ petition is taken up for final disposal.

4. Whether the place is earmarked as road or not is a matter of evidence which requires complete proof. Therefore, merely on the basis of affidavit and submissions, these matters cannot be gone into. If at all the petitioner has to establish these facts, it is well open to the petitioner to approach appropriate civil forum. In the event, it is established that roads have been sold, it is well open to the Civil Court to grant a decree to nullify all the documents.

5. In view of the above, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 25.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 3/4

N. SATHISH KUMAR , J.

dhk To, 1.The Inspector General of Registration No.100, Santhome High Road Chennai - 600 028 2.The District Collector Namakkal Namakkal District 3.The District Revenue Officer 1st Floor, Collectorate Tiruchengode Road Namakkal - 637 003 4.The District Registrar Collectorate Campus Back side Nallipalayam, Namakkal District 5.The Sub Registrar Theppakulam Street Tiruchengode, Namakkal District - 637 211 6.The Executive Officer Kuppichipalayam Panchayat Namakkal District W.P.No.10902 of 2024 25.06.2024 4/4