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Madras High CourtWP/22990/2023dismissed

M/S Lutheran School-Home For v. The District Registrar

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 M/s. Lutheran School-Home for Deaf and Deaf Blind Trust of India Evangelical Lutheran Church Vellore And India Evangelical Church Trust Association Represented by its Director A.Vijayakumar Christ Lutheran Church Campus New Bye pass Road Vellore - 632 004.

... Petitioner Vs.

The District Registrar Department of Registration Veppamara Street Velapadi Vellore - 632 001.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to dispose of petitioner's complaint dated 07.03.2023 based on his representation dated 17.06.2023.

For Petitioner : Mr.T.Saravanan For Respondent : Mr.C.Jayaprakash Government Advocate

O R D E R

Admittedly, there was an exchange of property between the petitioner and other person. Such exchange of property, if resulted in a dispute cannot be construed as a fraud within the ambit of the Registration Act, but may be a fraud in common parlance.

2. Thus, the petitioner has to redress his grievances either before the Civil Court of Law or by approaching the Criminal Court of Law as the case may be. However, the District Registrar cannot entertain such dispute of civil nature and he cannot exceed his powers, which is otherwise conferred under the Registration Act. Thus, the petitioner is at liberty to approach the Competent Court of law for the purpose of redressal of his grievances.

3. Accordingly, this Writ Petition stands dismissed. No costs. 04.08.2023 Jeni Index : Yes Speaking order To The District Registrar Department of Registration Veppamara Street Velapadi Vellore - 632 001.

S.M.SUBRAMANIAM, J.

Jeni 04.08.2023