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Madras High CourtWP/29391/2023dismissed

J.Durai Singh v. The Inspector General Of Registration

2023-10-11Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.29391 of 2023 J.Durai Singh ... Petitioner Vs.

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

2. The Deputy Inspector General of Registration, No.6/1, G.R.D.Road, Opposite to Airport Admin College, Red Fields, Coimbatore, Coimbatore - 641 018.

3. The District Registrar, O/o the District Registrar, Coimbatore - 641 018.

Coimbatore District.

4. The Sub Registrar, Periyanaickenpalayam, Coimbatore - 641 020.

Coimbatore District.

5. Devaraj

6. Geetha

7. T.R.Damodharan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ, order or direction, in the nature of the writ, directing the respondents 1 to 3 to consider the representation dated 02.02.2023 and subsequently directing the respondents 1 to 4 to cancel the Document Nos.14459/2006, 14458/2006 dated 08.12.2006 and Document No.5448/2007 dated 30.03.2007 stands in the name of respondents 6 and 7 on the file of the 4th respondent. For Petitioner : Mr.R.Krishnamurthy For R1 to R4 : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner representation dated 02.02.2023 and to direct the respondents 1 to 4 to cancel the Document Nos.14459/2006, 14458/2006 dated 08.12.2006 and Document No.5448/2007 dated 30.03.2007 stands in the name of respondents 6 and 7 on the file of the fourth respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the official respondents and perused the materials available on record.

3. On a perusal of the records and affidavit filed by the petitioner in the writ petition, it is found that there is a dispute regarding right, title and interest over the property between the parties which can only be dealt with by the Civil Forum. Hence, the petitioner is not entitled to get the relief as sought for in this writ petition. If the petitioner is aggrieved with an order of the Sub Registrar/fourth respondent herein, he can file an appeal before the third respondent. If the third respondent is failed to take action, the petitioner can make a representation before the first respondent. Since an alternative remedy is available before the appellate authority, this Writ Petition is not maintainable.

3. In view of the above, Writ Petition is dismissed and the petitioner is at liberty to workout his remedy in the manner known to law. No costs.

11.10.2023 mfa Index:Yes/No Speaking Order: Yes/No To

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

2. The Deputy Inspector General of Registration, No.6/1, G.R.D.Road, Opposite to Airport Admin College, Red Fields, Coimbatore, Coimbatore - 641 018.

3. The District Registrar, O/o the District Registrar, Coimbatore - 641 018.

Coimbatore District.

4. The Sub Registrar, Periyanaickenpalayam, Coimbatore - 641 020.

Coimbatore District.

P.VELMURUGAN, J.

mfa W.P.No.29391 of 2023 11.10.2023