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Madras High CourtWP/15904/2018disposed of

S.Ponnukannammal, v. The Inspector General Of

2018-06-29Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2018

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.15904 of 2018 S.Ponnukannammal ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (North Madras), First Floor Kuralagam, Esplanade, Chennai - 108.

3.The Sub Registrar, Office of the Sub Registrar, Ponneri, Tiruvallur District - 601 204.

4.Lalithammal 5.Mohan Kumar 6.Suresh 7.Kathiresan 8.Srinivasan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 to 3 to dispose of the petitioner's representation dated 27.03.2018 by considering the same on merits.

For Petitioner : Mr.D.Dayanithi For Respondents : Mr.M.Thamizharasan, Government Advocate (R1 to R3)

O R D E R

This Writ Petition has been filed seeking for mandamus directing the respondents 1 to 3 to dispose of the petitioner's representation dated 27.03.2018 by considering the same on merits.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the daughter of P.V.Palanivel Mudaliyar and his first wife Dhanalakshmi. The petitioner has also obtained legal heirship certificate dated 07.10.1996 issued by the Tahsildar, Ponneri. While so, Lalithammal, the https://hcservices.ecourts.gov.in/hcservices/

second wife of P.V.Palanivel Mudaliyar, has also obtained legal heirship certificate, which was also issued by the Tahsildar, Ponneri on 16.06.1999. Based on the said certificate, the children of the Lalithammal, the 2nd wife of P.V.Palanivel Mudaliyar have alienated the joint family properties belonging to P.v.Palanivel Mudaliyar, behind the back of the petitioner. Hence, the petitioner has given a representation to the respondents 1 & 2.

3.This Court is not inclined to entertain the present Writ Petition for the reason that the issues raised in this Writ Petition are complex, which are to be tried by a Civil Court on production of evidence and hence, the remedy open to the petitioner is to approach the Civil Court and not this Court under Article 226 of the Constitution of India. 4.Hence, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar va To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (North Madras), First Floor Kuralagam, Esplanade, Chennai - 108.

3.The Sub Registrar, Office of the Sub Registrar, Ponneri, Tiruvallur District - 601 204.

+ 1 cc to Mr. D. Dayanithi, Advocate Sr.42094 + 1 cc to Mr. the Government Pleader Sr.22286 W.P.No.15904 of 2018 (CS-V) EU(12/07/2018) https://hcservices.ecourts.gov.in/hcservices/