S.Palani v. Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 12684 of 2019 and W.M.P. Nos. 12912 and 12914 of 2019

1. Mr. S. Palani

2. Mr. Srinivasan

3. Mr. Sundharam

4. Ms. Prema ... Petitioners -Vs1. Sub-Registrar, Thiruvottiyur, Chennai-600 019.

2. The Tahsildar, Ponneri Taluk, Tiruvallur District.

3. Mr. Kannan Munisundaram

4. Ms. Sasikala

5. Mr. Saravanan

6. Ms. Pachaiyammal

7. Ms. G. Sridevi

8. Mr. Gnanavel

9. Ms. Kogilammal

10. Mr. Vasudevan

11. Mr. S. Kumar

12. Ms. M. Shanthi

13. Mr. Babu

14. Mr. Mani

15. Ms. Rani

16. Mr. Kumar Ganesan

17. Mr. G. Babu ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the First Respondent to consider the representation of the Petitioners dated 25.02.2019.

For Petitioners : Ms. L. M. Malini For Respondents : Mr. T. M. Pappiah for R1, Special Government Pleader Mr. R. Venkatesh, for R2 Government Advocate Mr. I. Arokiasamy for R3 to R17

O R D E R

When it is pointed out by the Learned Special Government Pleader appearing for the First Respondent, that the Registering Authority cannot recall cancellation of registration of a document relating to a property claimed to be owned by the Petitioners and their remedy in that regard is only to approach jurisdictional Civil Court invoking Section 31 of the Specific Relief Act, 1963, as held by the Full Bench of this Court in Muppudathi Pillai -vs- Krishnaswami Pillai (AIR 1960 Madras 1), while considering Section 39 of the Specific Relief Act, 1877 (corresponding to Section 31 of the Specific Relief Act, 1963), which has been reiterated by the Division Bench of this Court in P. Rukumani -vs- Amudhavalli (Judgment dated 17.07.2019 in W.A. No. 229 of 2018), Learned Counsel for the Petitioners seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the aforesaid remedy and he has made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petitions are also closed. No costs.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar vji

To

1. Sub-Registrar, Thiruvottiyur, Chennai-600 019.

2. The Tahsildar, Ponneri Taluk, Tiruvallur District.

+1cc to M/s.Mission Legal, Advocate, S.R.No. 68827 +1cc to the Government Pleader, S.R.No. 69387 W.P. No. 12684 of 2019 and W.M.P. Nos. 12912 and 12914 of 2019 JP(CO) GN(19/08/2019)