B.Sivaramprasad v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.16003 of 2018 and W.M.P. No.19033 of 2018 B.Sivaramprasad ..

Petitioner -vs1.The Government of Tamil Nadu, represented by its Secretary, Registration Department, Fort St. George, Chennai 600 009.

2.The Inspector General of Registration, Santhome High Road, Santhome, Chennai 600 028.

3.The Sub Registrar, Thenkanikottai, Krishnagiri District.

4.V.Nagaraj ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to consider and pass orders on the representation dated 16.04.2018 made by the petitioner. For Petitioner : Mr.K.Venkatesan For Respondents: Mr.T.M.Pappiah, Special Government Pleader for R1 to R3

ORDER

This writ petition has been filed by the petitioner seeking a direction to the second respondent to consider and pass orders on his representation dated 16.04.2018. 2.The case of the petitioner is that his wife Tmt.Renuka has executed a Settlement deed on 20.06.2016 in his favour settling an extent of 54 cents comprised in S.No.572/1 situated

at Kottur Village, Kelamangalam Panchayat Union. After executing the same, she has executed a Sale deed in favour of one V.Nagaraj, who is none other the brother of his wife, the fourth respondent herein and the same was also registered by the Sub Registrar, Thenkanikottai, Krishnagiri District. In this background, the grievance of the petitioner is that the above Sub Registrar, without verifying the encumbrance with regard to the above said 54 cents of land, which has already been settled in his favour, has registered the same in favour of the fourth respondent by way of the Sale Deed. Therefore, he lodged a complaint with the Inspector of Police, Denkanikottai, Krishnagiri requesting him to take action against respondents 3 and 4. This apart, he has also given a representation dated 16.04.

2018 to the Inspector General of Registration, Santhome High Road, Santhome, Chennai, the second respondent herein to conduct enquiry with regard to the registration of the sale deed executed by his wife to and in favour of the fourth respondent. Finding no response, he is before this Court seeking the above prayer.

3.When it is the family dispute to be resolved among the petitioner and his wife and the fourth respondent, who is none other the brother of the petitioner's wife, this Court is unable to entertain this petition as the petitioner has to work out his remedy before the competent Civil Court. Accordingly, this writ petition is dismissed. No costs. Consequently, connected W.M.P. is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vga To 1.The Secretary, Registration Department, Fort St. George, Chennai 600 009.

2.The Inspector General of Registration, Santhome High Road, Santhome, Chennai 600 028.

3.The Sub Registrar, Thenkanikottai, Krishnagiri District.

+1cc to Mr.K.VENKATESAN, Advocate, S.R.No.42108 +1cc to the Government Pleader, S.R.No.43209 W.P. No.16003 of 2018 and W.M.P. No.19033 of 2018 TR(11/07/2018)