A.Devanbu v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 20733 of 2019 A. Devanbu ..Petitioner .Vs.

1. The Inspector General of Registration Mylapore, Chennai - 4.

2. The District Registrar South Chennai, Guindy Industrial Estate, Chennai - 32.

..Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents to consider the Petitioner's representation dated 14.06.2019 consequently direct the Respondents to conduct an enquiry, cancel the bogus documents Nos. 5904/05, Doc. Nos. 3755, 3756, 3759 & 3760 clear Petitioner's properties title. For Petitioner : Mr. S.N. Subramani For Respondents : Mr.T.M. Pappiah Special Government Pleader

O R D E R

When it is pointed out the Learned Special Government Pleader appearing for the Respondents that the Petitioner cannot call upon the Registering Authority to cancel registration of a document executed between some other persons relating to the property claimed to be owned by him and his remedy in that regard is to institute suit in the jurisdictional Civil Court invoking Section 31 of the Specific Relief Act, 1963, as held by the Full Bench of this Court in Muppudathi Pillai -vsKrishnaswami Pillai (AIR 1960 Madras 1), while considering Section 39 of the Specific Relief Act, 1877 (corresponding to Section 31 of the Specific Relief Act, 1963), which has been reiterated by another Full Bench of this Court in M/s. Latif Estate Line India Ltd. -vs- Hadeeja Ammal [(2011) 2 CTC 1 https://hcservices.ecourts.gov.in/hcservices/

(FB)], Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

maya Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector General of Registration, Mylapore, Chennai - 4.

2. The District Registrar, South Chennai, Guindy Industrial Estate, Chennai - 32.

+1cc to Mr. Advocate, SR.No.59962/19 +1cc to the Govt.Pleader, Vide Sr.No.61210/19 W.P. No. 20733 of 2019 Kak(24/07/2019) https://hcservices.ecourts.gov.in/hcservices/