← Library
Madras High CourtWP/23930/2023dismissed

M.Mumtaj v. The Inspector General Of Registration

2023-08-14Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Mumtaj

...Petitioner

Vs.

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

2.The District Registrar, The District Registration Office, Villupuram.

3.The Sub-Registrar, The Sub Registration Office, Thiruvennainallur, Villupuram District.

..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent not to register any document relating to the 1/10th share in the property situated at Villupuram District, Thiruvennainallur Taluk, Chinnasevalai Village comprised in Survey Nos. 75/4 , 76/1 , 76/2 , 76/3 , 76/4 , 76/5 , 79/5 and 1/5

118/1 measuring an larger extent by considering the petitioner's representations dated 14.07.2023 and 25.07.2023. For Petitioner : Ms.Devi Sai Monica For Respondents : Mr.E.Sundaram, Government Advocate

ORDER

The relief sought for in the present writ petition is to direct the third respondent not to register any document relating to the 1/10th share in the property situated at Villupuram District, Thiruvennainallur Taluk, Chinnasevalai Village comprised in Survey Nos. 75/4 , 76/1 , 76/2 , 76/3 , 76/4 , 76/5 , 79/5 and 118/1 measuring an larger extent by considering the petitioner's representations dated 14.07.2023 and 25.07.2023.

2. The relief as such sought for in the present writ petition is absolutely misconceived. Such a relief restraining the registering authority from registering the document under the Registration Act cannot be granted. If at all the petitioner want to establish her right, she has to approach the competent civil court of law.

2/5

3. Refusal of registration by the registering authority may be done only with reference to the provisions of the Registration Act and in respect of private disputes, the parties have to approach the civil court of law for the purpose of redressal of their grievance in the manner known to law.

4. With these observations, the writ petition stands dismissed. No costs.

14.08.2023 nl Index: Yes Speaking Order 3/5

To 1.The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar, The District Registration Office, Villupuram.

3.The Sub-Registrar, The Sub Registration Office, Thiruvennainallur, Villupuram District.

4/5

S.M.SUBRAMANIAM, J.

nl 14.08.2023 5/5