S.Priya, v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14944 of 2018 S.Priya .. Petitioner -vs1. The Inspector General of Registration Office of I.G.of Registration Santhome, Chennai

2. The District Registrar District Registrar office No.230, 5th Gandhi Road Suvalpettai, Arakonam Pin 631 001

3. The Sub Registrar Office of Sub Registrar Walaja Nagar (Walajapet) Vellore District 632 513

4. Sri Kanaga Durgai Amman Alayam represented by its Founder (cum) Manager Mr.V.Surendiran No.2, Solingar Main Road Durga Nagar, Kil Puthupettai Walaja Nagar Taluk Vellore District

5. Mr.Shankar .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 31.05.2018 submitted for taking necessary steps against the alleged registration of marriage took place on 16.05.2018 before the office of the third respondent, on production of bogus documents and consequently direct the respondents 1 to 3 to initiate criminal proceedings against the fifth respondent for his illegal activities.

For Petitioner ::

Mr.V.R.Appaswamee For Respondents ::

Mr.T.M.Pappiah Special Government Pleader for R1 to 3

ORDER

This writ petition has been filed seeking a mandamus directing the second respondent to consider the representation of the petitioner dated 31.05.2018 submitted for taking necessary steps against the alleged registration of marriage took place on 16.05.2018 before the office of the third respondent on production of bogus documents and consequently direct the respondents 1 to 3 to initiate criminal proceedings against the fifth respondent for his illegal activities.

2. Learned counsel for the petitioner submitted that the fifth respondent, who is a relative to the friend of the petitioner, proposed love with the petitioner in the month of April, 2018 and started to torture her. Although the petitioner did not accept his love, she continued her friendship. At one point of time, the fifth respondent threatened the petitioner that unless she accepts his love proposal, he would commit suicide leaving a note that she was the cause for the suicide. But the petitioner advised him not to do such things. After sometime, the fifth respondent called the petitioner through phone on 16.5.2018 asking her to come to Walaja Nagar to discuss some important matter regarding his friend's marriage. The petitioner also went along with the fifth respondent to the Sub Registrar's office.

After fraudulently obtaining her signature in some papers, got the registration of her marriage with the fifth respondent without her consent. Immediately the petitioner and her mother lodged a complaint on 25.5.2018 before the third respondent to take necessary steps against the illegal activities of the fifth respondent. On the same date, a criminal complaint also has been lodged before the All Women Police Station, Ranipet and the same is pending investigation. At this stage, the petitioner has given a representation to the second respondent on 31.5.2018 to take necessary action against the alleged registration of marriage that took place on 16.5.2018. As no action is taken, a direction be issued, he pleaded.

3. But this Court is not inclined to accede to the prayer, as the petitioner has to work out her remedy before the

appropriate forum and not with a writ petition under Article 226 of the Constitution of India. Therefore, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ss To

1. The Inspector General of Registration Office of I.G.of Registration Santhome, Chennai

2. The District Registrar District Registrar's office No.230, 5th Gandhi Road Suvalpettai, Arakonam Pin 631 001

3. The Sub Registrar Office of Sub Registrar Walaja Nagar (Walajapet) Vellore District 632 513 +2ccs to Mr.V.R.Appaswamee , Advocate, S.R.No.39050 +1cc to the Government Pleader, S.R.No.39592 W.P.No.14944 of 2018 GJII(CO) CS/04/07/18