N.Sarasu, F/60 v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.40020 of 2016 N. Sarasu ... Petitioner v.

1.The Inspector General of Registration, O/o Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar, Office of the District Registrar (Administration), Chamber No.3, Salem West, Salem District.

3. The Sub Registrar, Office of the Sub Registrar, Omalur, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 1st respondent to dispose of the Appeal preferred on 18.07.2016 by the petitioner.

For Petitioner : Mr. G. Pugazhenthi For Respondents : Mr. B. Kannan, Government Advocate

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the 1st respondent to dispose of the Appeal preferred on 18.07.2016, within a time frame.

2. Mr. G.Pugazhenthi, learned counsel appearing for the petitioner submitted that the petitioner has given a petition dated 27.01.2016 seeking for cancellation of settlement deed dated 05.05.1997 registered as Document No.1244/1997. Pursuant to Circular No.67, dated 03.11.2011, the District Registrar, by order dated 08.07.2016, rejected the petitioner's petition and Page 1/2 https://hcservices.ecourts.gov.in/hcservices/

observed that the petitioner should approach only a competent Civil Court. As against the order passed by the District Register, the petitioner preferred an appeal before the 1st respondent on 18.07.2016. After filing of the appeal, dated 18.07.2016, the Government had withdrawn Circular No.67 on 08.11.2017.

3. Since the Circular No.67 is no longer in in existence, the prayer sought for by the petitioner cannot be granted. The remedy open to the petitioner is only to file a Civil Suit before the competent Civil Court. In such view of the matter, I am not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar /true copy/ Sub Asst. Registrar Rj To 1.The Inspector General of Registration, O/o Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar, Office of the District Registrar (Administration), Chamber No.3, Salem West, Salem District.

3. The Sub Registrar, Office of the Sub Registrar, Omalur, Salem District.

+1 cc to Mr.A.Nagarathinam Advocate sr38096 +1 cc to the Government Pleader sr38251 W.P.No.40020 of 2016 aa08/12/2020 Page 2/2 https://hcservices.ecourts.gov.in/hcservices/