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Madras High CourtWP/12538/2024dismissed

S.Edhin Frank, v. Inspector General Of Registration,

2024-05-08Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and W.M.P.Nos.13692 & 13694 of 2024 S.Edhin Frank ... Petitioner in both W.P's Vs.

Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

The District Registrar, The District Registrar Office Chennai (North), No.1, Moorthikallane, 1st Lane Beach, Chennai - 600 001.

... 1 and 2 respondent in both W.P's Jarlin Femila ... 3rd respondent in W.P.No.12538 of Flora Jhansi ... 3rd respondent in W.P.No.12542 of Page No.1 of 4

Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to consider the representation dated 03.04.2024 and to direct the first respondent to appoint second respondent to conduct enquiry in regarding the settlement deed executed by third respondent bearing document Nos. 1070 & 1071 of 2018 dated 13.04.2018 registered at S.R.O. Royapuram and cancel the settlement deed bearing nos.1070 & 1071 of 2018 as null and void and remove entry of the settlement deed from the encumbrance. For Petitioner : Mr.M.Madhu Prakash (in both WP's) For R1 & R2 : Mr.P.Anandakumar Government Advocate (in both WP's) ***** C O M M O N O R D E R These writ petitions have been filed to direct the first respondent to consider the representation of the petitioner dated 03.

04.2024 and to appoint second respondent to conduct enquiry regarding the Settlement Deed executed by the third respondent in both the writ petitions bearing Document Nos.1070 & 1071 of 2018 dated 13.04.2018 registered at S.R.O., Royapuram and cancel the same as null and void.

2. Heard Mr.M.Madhu Prakash, learned Counsel for the petitioner and Mr.P.Anandakumar, learned Government Advocate appearing for the respondents 1 and 2.

Page No.2 of 4

3. Mr.P.Anandakumar, learned Government Advocate appearing on behalf of the respondents 1 and 2, would submit that the dispute is between the petitioner and the third respondent, who are close relatives. He would further submit that instead of approaching the concerned Civil Court, the present writ petitions have been filed.

4. This Court in W.P.No.33892 of 2012 etc. batch dated 06.04.2022 has decided that the Registrar has no power to conduct enquiry and take a final decision. However, the petitioner is at liberty to approach the concerned Civil Court for appropriate remedy.

5.

With the above observation, both these Writ Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

08.05.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda Page No.3 of 4

A.D.JAGADISH CHANDIRA,J.

veda To 1.

Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.

The District Registrar, The District Registrar Office Chennai (North), No.1, Moorthikallane, 1st Lane Beach, Chennai - 600 001.

08.05.2024 Page No.4 of 4