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Madras High CourtWP/22984/2023withdrawn dismissed

N.Vasu v. The Inspector General-Registration,

2023-08-04Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N.Vasu ... Petitioner Vs.

1.The Inspector General - Registration, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Admin), Office of the District Registrar, Thindivanam, Villuppuram District.

3.The Sub Registrar, Sub Registrar Office, Marakkanam, Villuppuram District.

4.Dinesh Surana ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 2nd respondent to dispose the representation given by the petitioner on 24.08.2022 within the time limit that may be stipulated by the Court.

For Petitioner : Mr.K.Maresh Babu For Mr.D.Mario Johnson For R1 to R3 : Mr.T.Venkatesh Kumar Special Government Pleader

O R D E R

The writ on hand has been instituted seeking direction to the 2nd respondent to dispose of the representation given by the petitioner on 24.08.2022.

2. The petitioner claims his share in his ancestral property. His share has been sold by the other co-sharers without his consent. Thus, the petitioner states that a fraud has been committed by other co-sharers. The very presentation of facts by the petitioner would amplify that the case is of civil nature warranting an adjudication from the hands of the Civil Court of Law. The petitioner has to establish his civil rights in the Competent Civil Court of Law with respect to his share and such adjudication cannot be done by the District Registrar under the provisions of the Registration Act.

3. At this juncture, the learned counsel for the petitioner made a submission that he has chosen to withdraw the writ petition. The petitioner is

permitted to withdraw the writ petition with a liberty to approach the Civil Court of Law.

4. Accordingly, the Writ Petition stands dismissed as withdrawn. No costs.

04.08.2023 Jeni Index : Yes Speaking order To 1.The Inspector General - Registration, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Admin), Office of the District Registrar, Thindivanam, Villuppuram District.

3.The Sub Registrar, Sub Registrar Office, Marakkanam, Villuppuram District.

S.M.SUBRAMANIAM, J.

Jeni 04.08.2023