B.Z.Selvaraj v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No.21167 of 2019 B.Z.Selvaraj ... Petitioner Vs.

1.The Sub Registrar, Uthiramerur Village.

2.Sebestinammal ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, to declare the Cancellation of Settlement Deed registered by the First Respondent in Document No.5907 of 2014 dated 05.09.2014 as illegal, void and against law.

For Petitioner : Mr.J.Pachiyappan For Respondents : Mr.T.M.Pappiah, Special Government Pleader for R1

O R D E R

When it is pointed out by Mr. T.M. Pappiah, Learned Special Government Pleader, who takes notice for the First Respondent 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 the Petitioner 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 -vs- Krishnaswami 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 the Division Bench of this Court in P. Rukumani -vs- Amudhavalli (Judgment dated 17.07.2019 in W.A. No. 229 of 2018), 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. https://hcservices.ecourts.gov.in/hcservices/

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rkp To The Sub Registrar, Uthiramerur Village.

+1cc to the Government Pleader, S.R.No.64680 W.P. No.21167 of 2019 RJI(CO) RRS(21/08/2019) https://hcservices.ecourts.gov.in/hcservices/