Rajeswari, v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P. No. 36607 of 2015 Rajeswari

...Petitioner

Vs.

1. The District Registrar, Nagapattinam District, Nagapattinam.

2. The Sub Registrar, Sub-Registrar Office, Thiruthuraipoondi, Thiruvarur District.

3. R.K.Senthilkumar.

...Respondents

PRAYER:

This petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 14.10.2015 pertaining to cancellation of Will dated 05.08.2014 relating to S.No. 161, Thiruthuraipoondi Village, Thiruthuraipoondi Taluk, Nagapattinam District. For Petitioner : Mr.S.Sankar, For Respondents 1 and 2 : Mr.A.Kumar, Special Government Pleader

ORDER

The petitioner and the respondent No. 3 are the wife and son of one late R.Krishnamoorthy, respectively. On 14.10.2015, the petitioner made a representation to the respondent No. 1, stating that a Will has been executed by her deceased husband in favour of the respondent No. 3, over a temple property. As the said registration is contrary to law, apart from cancellation of the said Will, action will have to be taken against the concerned Officer- respondent No. 2, who registered the said Will. Seeking disposal of the said representation, the present writ petition is filed before this Court.

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2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent Nos. 1 and 2.

3. The present writ petition is totally misconceived. The petitioner is nowhere interested in the registration of the Will. Admittedly, the propounder of the Will is no more. What has been registered in only a Will. The temple is also not before this Court. Therefore, this Court is not inclined to entertain this writ petition. Accordingly, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rms/usk To

1. The District Registrar, Nagapattinam District, Nagapattinam.

2. The Sub Registrar, Sub-Registrar Office, Thiruthuraipoondi, Thiruvarur District.

+ 1 cc to M/s. S. Sankar, Advocate SR. 62589 W.P.No. 36607 of 2015 SAI(CO) EU 24.11.15 https://hcservices.ecourts.gov.in/hcservices/