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Madras High CourtWP/20432/2014dismissed

Saravana Kumar v. District Registrar

2020-08-18Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.20432 of 2014 Saravana Kumar ... Petitioner Vs.

The District Registrar, Registration Department, Namakkal Town, Namakkal District.

... Respondent PRAYER:

Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus to direct the respondent to enquire into the matter, cancel the Sale Deed dated 09.01.2004 registered as Document No.35/2004, SRO, Paramathi executed by Tmt.Nallamal in favour of her son Selvam. For Petitioner : Mr.V.V.Sathya For Respondent : Mr.P.P.Purushothaman, Government Advocate

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of mandamus directing the respondent to enquire into the matter, cancel the Sale Deed dated 09.01.2004 registered as Document No.35/2004, SRO, Paramathi executed by Tmt.Nallamal in favour of her son Selvam.

2.On a perusal of the materials available on record, it could be seen that the petitioner has also filed a Civil Suit in O.S.No.208 of 2009 before the Sub Court, Namakkal seeking for cancellation of the Sale Deed dated 09.01.2004. 3.Mr.P.P.Purushothaman, learned Government Advocate appearing for the respondent submitted that since the petitioner has already filed a Civil Suit seeking for the relief sought for in this Writ Petition, the Writ Petition is liable to be rejected.

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4.The petitioner has rightly approached the Civil Court seeking for cancellation of the Sale Deed. The respondent is not the authority to cancel the Sale Deed. Hence, I am not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No costs.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar To The District Registrar, Registration Department, Namakkal Town, Namakkal District.

+1CC to Mr.M.V.Venkatesan, Advocate, vide SR No.26923/2020. +1CC to the Government pleader vide SR No.27077/2020 W.P.No.20432 of 2014 SSV(SO) RV 26/08/2020 https://hcservices.ecourts.gov.in/hcservices/