R.Aniteen Princey, v. The Inspect General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-06-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM And WMP No.5548 of 2017 Aniteen Princey ... Petitioner Vs.

1.The Inspector General of Registration, Office of the Inspector General of Registration, Chennai-600 028.

2.The District Registrar (Administration), Kanniya Kumari District, Nagercoil, Kanniya Kumari District.

3.The Sub Registrar, Kottaram Sub Registrar Office, Kanniyakumari District, Pin - 629 001.

4.R.Anetter Allwyn 5.J.Roby ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the entire records connected with the Deed of Cancellation dated 28.01.2016 in Document No.389 of 2016 registered and quash the same.

For Petitioner : Mr.K.Thilageswaran For Respondents-1 to 3 : Mr.D.Ravichander, Special Government Pleader.

For Respondent-4 : Mr.G.Ashok Pathy for M/s.Pass Associates For Respondent-5 : No Appearance

O R D E R

The present writ petition has been filed to quash the Deed of Cancellation dated 28.01.2016 registered at the Office of the third respondent under Document No.389 of 2016.

2. For quashing the Deed of Cancellation registered under the provisions of the Registration Act, an adjudication is required with reference to the documents and evidences. The High Court cannot conduct a roving enquiry.

3. In this context, the learned counsel for the petitioner made a submission that the Authorities are already instituted a civil suit in OS No.151 of 2019 on the file of the Sub Court, Tirunelveli.

4. In view of the fact that the suit is pending, no further adjudication is required on merits in the present writ petition and the parties are at liberty to establish their respective cases before the Competent Civil Court of Law.

5. After disposal of the civil litigation, the parties shall approach the Revenue Authorities for effecting necessary changes.

6. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

09-06-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

S.M.SUBRAMANIAM, J.

Svn To 1.The Inspector General of Registration, Office of the Inspector General of Registration, Chennai-600 028.

2.The District Registrar (Administration), Kanniya Kumari District, Nagercoil, Kanniya Kumari District.

3.The Sub Registrar, Kottaram Sub Registrar Office, Kanniyakumari District, Pin - 629 001.

WP 5220 of 2017 09-06-2023