R.Jayachandran v. The Joint Registrar-3

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM R.Jayachandran ... Petitioner Vs The Joint Registrar-3, Registration Department, Sivathapuram, Salem - 636 307.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to issue certificate regarding with the Strike of Portion in the Will dated 24.01.2003 is valid one by disposing the written representation made by the petitioner on 23.03.2023.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.T.Arunkumar Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondent to issue certificate regarding the Strike of Portion in the Will dated 24.01.2003 is valid or not.

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2. The doubt raised by the petitioner regarding the registered Will cannot be clarified by the High Court in a writ proceedings.

3. The learned counsel for the petitioner states that the petitioner obtained the certified copy of the Will and there is no discrepancy in the certified copy. If at all some fraud has been committed on the Will or otherwise, the petitioner has to initiate appropriate action in the manner known to law and by approaching the competent forum or authorities. Contrarily, High Court cannot adjudicate such issues with reference to the deleted portion of the Will or the sanctity of the certified copy of the Will already furnished to the petitioner by the competent authority. Thus, the petitioner is at liberty to workout his remedy in the manner known to law.

4. The Writ Petition stands disposed of accordingly. However, there shall be no order as to costs.

08.06.2023 Index : Yes/No Speaking Order : Yes/No Sgl 2/4

To The Joint Registrar-3, Registration Department, Sivathapuram, Salem - 636 307.

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S.M.SUBRAMANIAM, J.

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