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Madras High CourtWP/17876/2021dismissed

Mrs. Kuppammal v. The Inspector General Of Registration

2024-04-02Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kuppammal ... Petitioner -Vs1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 4.

2. The District Collector, Thiruvallur District.

3. The District Registrar, Office of the District Registration, Thiruvallur District.

4. The Superintendent of Police, Thiruvallur District.

5. The Government Employees' Welfare Association, represented by its President K.M.Devaraj, No.2, Vallalar Lane, Periyakuppam Village, Thiruvallur Taluka and District.

6. P.Ganesan ... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent 1 to 3 to take appropriate action against the Respondent 5 and 6 by considering the representation dated 05.02.2021. For Petitioner : Mr.Na.Malaisaravanan For R1 to R3 : Mr.P.Ananda Kumar Government Advocate For R4 : Mr.E.Vijay Anand Additional Government Pleader For R5 and R6 : Mr.N.Manokaran

ORDER

This Writ Petition has been filed for direction directing the respondent 1 to 3 to take appropriate action against the Respondent 5 and 6 by considering the representation dated 05.02.2021.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner owned land comprised in S.No.239 ad-measuring 75 cents at Selai Village, Thiruvallur Taluk. Subsequently, on Power of Attorney, it was handed over to the fifth and sixth respondents. On the

date of Power of Attorney, the petitioner also had given possession of the subject property. Subsequently, the said property was sold out by the fifth and sixth respondents to its members and they did not furnish the accounts so far.

4. Therefore, already the petitioner filed a suit in O.S.No.84 of 2013, on the file of the District Munsif Court, Thiruvallur for rendering the account. The said suit was dismissed on 10.01.2019. Subsequently, the petitioner also filed another suit in O.S.No.287 of 2015, on the file of the District Munsif Court, Thiruvallur for bare injunction in respect of the property which was given possession to the respondents 5 and 6. Now, the petitioner after having been filed suit, submitted a representation before the respondents 1 to 3 to take appropriate action as against the respondents 5 and 6.

5. It is seen that there is a private dispute between the petitioner and the respondents 5 and 6 herein. Therefore, it is not the duty of the respondents 1 to 3 to take action as against the respondents 5 and 6 herein with regard to private dispute between them.

6. In view of the above, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

02.04.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 4.

2. The District Collector, Thiruvallur District.

3. The District Registrar, Office of the District Registration, Thiruvallur District.

4. The Superintendent of Police, Thiruvallur District.

5. The President K.M.Devaraj, The Government Employees' Welfare Association, No.2, Vallalar Lane, Periyakuppam Village, Thiruvallur Taluka and District.

G.K.ILANTHIRAIYAN. J, mn 02.04.2024