G.Rajendran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.32607 of 2014 G.RAJENDRAN ..
Petitioner Rep by POA HOLDER O.A.VARADADESIGAN -vs1. The District Collector Tiruvallur
2. The Tahsildar Tiruvallur Taluk
3. Inspector General of Registration 100, Santhome High Road Chennai 600 004
4. The Sub Registrar Tiruvallur
5. The Chairman Tiruvallur Municipality Tiruvallur
6. The Revenue Divisional Officer Tiruvallur
7. The Executive Engineer, TANGEDCO TNEB, MES, Tiruvallur
8. Thiru A.Moorthy
9. Thamiz Thendral Arasu 10.Bharathi Arasu 11.Kalai Arasu (Respondents 8 to 11 rep.by their Counsel Sri Ravichandran &Ms.Mythili Advocates District Magistrate's Court Trivellore) 12.The Dy.Superintendent of Police Tiruvallur manning Land Grab Cell ..
Respondents
Petition under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, to call for the records of case OS 379/2005 on the file of the District Munsif Court, Tiruvallur direct the Sub Registrar/Deputy Registrar to honour their circular acknowledged and approved by the High Court in terms of its directions to foal a mechanism to ensure fool proof issue of EC to remedy the fraudulent act admittedly perpetrated in the words of the Sub Registrar, Tiruvallur and to restore ownership as obtaining on the sale deed, the original of which has been lodged with the District Munsif Court to cancel the encroachment sale deed of the respondent in terms of the government circular upheld by this Hon'ble Court and for declaration of ownership in favour of the writ petitioner in lieu of the flawed deed cancellation held by the defendant and to get the fake patta issued on him be cancelled and a fresh patta be issued to the petitioner in line with the other pending cases flashed in the media which will also go a long way in the petitioner, a patient of chronic diabetes undergoing hospitaliation to see the light of the day in his own lifetime and thus render justice on the basis of advocate commissioner's report and on the basis of the original sale deed lodged with the District Munsif Court returnable to the petitioner on which substantial permanent injunction subsists on the basis of the sub registrar's expose.
For Petitioner ::
Mr.OA.Varadadesigan Petitioner-in-Person Power of Attorney for the Petitioner For Respondents ::
Mr.E.Balamurugan Special Government Pleader for R1, 2, 6 and 12 Mr.P.P.Purushothaman Government Advocate for R3 & 4
ORDER
This writ petition has been prosecuted by the Power of Attorney of the writ petitioner G.Rajendran in person seeking issuance of a writ of declaration under Article 226 of the Constitution of India, to call for the records of O.S.No. 379 of 2005 on the file of the District Munsif
Court, Tiruvallur and to direct the Sub Registrar/Deputy Registrar to honour their circular acknowledged and approved by the High Court in terms of its directions to foal a mechanism to ensure fool proof issue of EC to remedy the fraudulent act admittedly perpetrated in the words of the Sub Registrar, Tiruvallur and to restore ownership as obtaining on the sale deed, the original of which has been lodged with the District Munsif Court to cancel the encroachment sale deed of the respondent in terms of the government circular upheld by this Hon'ble Court and for declaration of ownership in favour of the writ petitioner in lieu of the flawed deed cancellation held by the defendant and to get the fake patta issued on him be cancelled and a fresh patta be issued to the petitioner in line with the other pending cases flashed in the media which will also go a long way in the petitioner, a patient of chronic diabetes undergoing hospitaliation to see the light of the day in his own lifetime and thus render justice, on the basis of Advocate Commissioner's report and on the basis of the original sale deed lodged with the District Munsif Court returnable to the petitioner on which substantial permanent injunction subsists on the basis of the sub registrar's expose.
2. When the petitioner filed this writ petition, the Registry raised an objection with regard to the maintainability of the writ petition after seeing the prayer as mentioned above.
3. Mr.O.A.Varadadesigan, the party-in-person appearing as a power of attorney of Mr.G.Rajendran has stated that a civil suit has been filed before the District Munsif Court, Tiruvallur in O.S.No.379 of 2005 for the relief as stated therein and since the matter is pending for a long time, he has been advised to come to this Court to withdraw the matter from the District Munsif Court, Tiruvallur to this Court for expeditious disposal, in the light of the Circular No.67 dated 3.11.2011 issued by the third respondent empowering the District Registrar (Admn.) to annul the registration, if it is proved that the registration has taken place through impersonation and through production of false documents and statements/admissions and also issuing direction to the concerned registering officers to file FIR against the concerned persons.
4. But this Court is unable to find any merit in the writ petition. The reason being that the Circular No.67 dated 3.11.2011 has been subsequently withdrawn by the third respondent vide Letter No.41530/U1/2017 dated
20.10.2017.
Therefore, the writ petition is not maintainable and the same is dismissed. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ss To
1. The District Collector Tiruvallur
2. The Tahsildar Tiruvallur Taluk
3. The Inspector General of Registration 100, Santhome High Road Chennai 600 004
4. The Sub Registrar Tiruvallur
5. The Chairman Tiruvallur Municipality Tiruvallur
6. The Revenue Divisional Officer Tiruvallur
7. The Executive Engineer TANGEDCO TNEB-MES Tiruvallur
8. The Dy.Superintendent of Police Tiruvallur (manning Land Grab Cell) +1 cc to Government Pleader Sr.No. 93021,93063 W.P.No.32607 of 2014 A.SK(06/12/2019)