Marie Antoinette v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 16725 of 2019 and W.M.P. No. 16336 of 2019 Marie Antoinette Francoise Bestrice Alies Alphonse Paul Door No.107, Lal Bahadhur Sastri Street Puducherry - 605 001.

... Petitioner Vs.

1. The Inspector General of Registration Pondicherry.

2. The District Registrar Office of the District Registrar Registration Department Pondicherry.

3. The Sub Registrar Office of the Sub Registrar Registration Department Pondicherry.

4. Siva Abirami

5. Siva Vijayalakshmi ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Second Respondent to perform its statutory duties by cancelling the agreement for sale within such time as this Hon'ble Court may prescribe.

For Petitioner : Mr. S. Willson For Respondents : Mr. D. Ravichandran Additional Government Pleader (Puducherry) (for R1 to R3) Mr. M.R. Thangavel (For R4 & R5) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

When it is pointed out by Mr. D.Ravichandran, Learned Additional Government Pleader, who takes notice for the First to Third Respondents that the Petitioner cannot call upon the Registering Authority to cancel registration of a document executed between some other persons relating to the property claimed to be owned by him and his remedy in that regard is to institute suit in the 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 Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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 Petition is closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// maya Sub Assistant Registrar To

1. The Inspector General of Registration Pondicherry.

2. The District Registrar Office of the District Registrar Registration Department, Pondicherry.

3. The Sub Registrar Office of the Sub Registrar Registration Department, Pondicherry.

+1 cc to Mr.R.Surendar Kumar, Advocate, S.R.No.68039 +1 cc to Mr.C.Anbu, Advocate, S.R.No.66983 +1 cc to the Government Pleader, S.R.No.67229 W.P. No. 16725 of 2019 VBA(CO) SSM(22/08/2019).

https://hcservices.ecourts.gov.in/hcservices/