R.Kasinathan v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2019

CORAM

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. Nos. 21356 and 21360 of 2019 R. Kasinathan ... Petitioner in W.P.No.21356 of 2019 P. Palani ... Petitioner in W.P.No.21360 of 2019 Vs.

1. The Inspector General of Registration, Department of Registration, Santhome, Chennai - 600 004.

2. The Deputy Inspector General of Registration, Department of Registration, Vellore Region, Integrated Building of Registration Department, Veppamara Street, Velppadi, Vellore - 632 001.

3. The District Registrar, Office of the District Registrar, Tiruvannamalai.

4. The Joint Sub-Registrar No.2, Office of the Joint Sub-Registrar, Tiruvannamalai.

5. E.Palani

6. E.Murugan

7. K.Sumathi

8. K.Selvi

...Respondents in both W.Ps

Prayer in W.P.No.21356 of 2019 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the First and Second Respondents to direct the Third and Fourth Respondents not to register any Sale Deed pertaining to the agricultural land to the extent of Acre 1.32 Cents situated in Survey No. 47/1 of Kiliyapattu Village, Tiruvannamalai Taluk by the legal heirs of Ellammal namely

1.Palani, 2.Murugan, 3.Sumathi and 4.Selvi (the Respondents 5 to 8 herein) to any one based upon the Petitioner's Representation dated 20.05.2019 under the relevant provisions of the Registration Act.

Prayer in W.P.No.21360 of 2019 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the First and Second Respondents to direct the Third and Fourth Respondents not to register any Sale Deed pertaining to the agricultural land to the extent of Acre 1.32 Cents situated in Survey No. 47/1 of Kiliyapattu Village, Tiruvannamalai Taluk by the legal heirs of Ellammal namely 1.Palani, 2.Murugan, 3.Sumathi and 4.Selvi (the Respondents 5 to 8 herein) to any one based upon the Petitioner's Representation dated 15.05.2019 under the relevant provisions of the Registration Act.

For Petitioner in both W.Ps : Mr. S. Kumaradevan For Respondents : Mr. T.M. Pappiah for R1 to R4, in both W.Ps Special Government Pleader C O M M O N O R D E R When it is pointed out by Mr. T.M. Pappiah, Learned Special Government Pleader, who takes notice for the First to Fourth Respondents, that the Petitioner cannot call upon the Registering Authority to prevent the registration of document executed between two parties relating to a property in which he claims any right, and his remedy in that regard is only to approach the jurisdictional Civil Court for such relief as held 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. No costs.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar vji

To

1. The Inspector General of Registration, Department of Registration, Santhome, Chennai - 600 004.

2. The Deputy Inspector General of Registration, Department of Registration, Vellore Region, Integrated Building of Registration Department, Veppamara Street, Velppadi, Vellore - 632 001.

3. The District Registrar, Office of the District Registrar, Tiruvannamalai.

4. The Joint Sub-Registrar No.2, Office of the Joint Sub-Registrar, Tiruvannamalai.

+2cc to Mr.S.Kumara Devan, Advocate, S.R.No. 62247 & 62248 +1cc to the Government Pleader, S.R.No. 62406 & 62408 W.P. Nos. 21356 and 21360 of 2019 VG I(CO) GN(16/08/2019)