Madras High CourtWP/18706/2024dismissed

Thamruddin v. The Inspector General Of Registration

2024-07-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.22812 of 2024 Thamruddin .. Petitioner

Versus

1.The Inspector General of Registration 100, Santhome High Road Mandavelipakkam, Chennai - 600 028 2.The District Registrar Kallakurichi District Tamil Nadu 3.The Sub Registrar Sakarapuram SRO Sakarapuram Taluk, Kallakurichi District Tamil Nadu 4.Akthar Begum 5.Raisur Rahiman .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to conduct enquiry and subsequently cancel the registration of the document in Doc.No.7395/2023 dated 18.12.2023 on the file of the Sub-Registrar, Sankarapuram in contravention to the petitioner letter dated 03.10.2022 and 27.07.2023.

For Petitioner : Mr.P.Vasuky 1/4

For Respondent : Mr.Stalin Abhimanyu for R1 to R3 Additional Government Pleader

ORDER

Heard both sides and perused the materials placed on record.

2. This writ petition is filed for a direction, directing the respondents 1 to 3 to conduct enquiry and subsequently cancel the registration of the document in Doc.No.7395/2023 dated 18.12.2023 on the file of the Sub-Registrar, Sankarapuram in contravention to the petitioner's letter dated 03.10.2022 and 27.07.2023.

3. Since, no adverse order is passed against the private respondents, notice to them is dispensed with. By consent of both parties, this writ petition is taken up for final disposal

4. It is the contention of the writ petitioner that his brother had deal with the joint family properties. Hence, seeks for a direction to cancel the document.

5. At the outset, this Court is of the view that if the petitioner has any share, his remedy lies in filing a civil suit for claiming partition of his share not 2/4

before the registering authorities. The registering authorities have no power to go into all these things. It has to be seen only in the Civil Court.

6. With the above, this Writ Petition stand dismissed. No costs. Consequently, connected miscellaneous petition stands closed. 26.07.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Inspector General of Registration 100, Santhome High Road Mandavelipakkam, Chennai - 600 028 2.The District Registrar Kallakurichi District Tamil Nadu 3.The Sub Registrar Sakarapuram SRO Sakarapuram Taluk, Kallakurichi District Tamil Nadu N. SATHISH KUMAR , J.

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