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Madras High CourtWP/18018/2017dismissed

S.Gopalakrishnan v. The Sub Registrar

2017-07-17Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.18018 of 2017 S.Gopalakrishnan ... Petitioner Vs.

1.The Sub Registrar, Office of the Sub Registrar, Ambattur, Thiruvallur District.

2.G.Manavalan ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to consider the petitioner's representation dated 20.06.2017 to cancel the Sale Deed Document No.2288 of 1985 dated 09.05.1985 as it was registered.

For Petitioner : Mr.P.R.Thiruneelakandan For Respondents : Mr.Era Premnath Government Advocate (R1)

O R D E R

Mr.Era Premnath, learned Government Advocate takes notice for the 1st respondent. By consent, the writ petition is taken up for disposal in the admission stage itself. 2.The petitioner has filed the above Writ Petition to issue a writ of mandamus to direct the respondent to consider the petitioner's representation dated 20.06.2017 to cancel the Sale Deed dated 09.05.1985.

3.It is the case of the petitioner that the 2nd respondent's father got the Sale Deed executed in favour of the 2nd respondent on 09.05.1985. Now, after a lapse of nearly 32 years, the petitioner has given a representation dated 20.06.2017 to cancel the Sale Deed dated 09.05.1985 executed in favour of the 2nd respondent.

4.The petitioner cannot be allowed to seek for cancellation of the Sale Deed as and when he likes. Since the petitioner has not explained the reasons for not taking steps to get the Sale Deed cancelled before the appropriate forum, I am not inclined to entertain the present Writ Petition. The relief sought for by the petitioner is a matter for evidence that can be decided only by a Competent Civil Court in accordance with law.

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5.In view of the same, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar va To The Sub Registrar, Office of the Sub Registrar, Ambattur, Thiruvallur District.

+ 1 cc to Mr.P.R. Thiruneelakandan, Advocate Sr.50022 + 1 cc to Government Pleader Sr.50133 W.P.No.18018 of 2017 SR(CO) EU 26.7.17 https://hcservices.ecourts.gov.in/hcservices/