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Madras High CourtWP/30179/2023dismissed

M.Sujatha v. The Inspector General Of Registration

2023-10-18Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN M.Sujatha ... Petitioner Vs.

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

2. The District Registrar (Admn.) Virudhunagar ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Certiorari to call for the records relating to the order of the 2nd respondent dated 29.03.2023 in Na.Ka.No.6768/A5/2023 and the order of the 1st respondent dated 27.07.2023 in Letter No.22683/U4/2023 and quash the same.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.Yogesh Kannadasan Special Government Pleader 1/4

ORDER

This Writ Petition is filed for a writ of Certiorari to call for the records relating to the order of the 2nd respondent dated 29.03.2023 in Na.Ka.No.6768/A5/2023 and the order of the 1st respondent dated 27.07.2023 in Letter No.22683/U4/2023 and quash the same.

2. The contention of the petitioner is that her two brothers have created a fraudulent partition deed behind the back of the petitioner after the death of their mother. Hence, the petitioner preferred before the complaint before the 2nd respondent and the same was rejected. Further appeal filed by the petitioner before the 1st respondent was also rejected. Aggrieved by the same, the petitioner has come up with this writ petition.

3. Mr.Yogesh Kannadasan, Special Government Pleader, takes notice for the respondents.

4. The disputed question of facts relating to the subject property cannot be decided in a writ petition. It has to be decided by the civil Court after 2/4

appreciating the oral and documentary evidence adduced by both the parties. Accordingly, the writ petition is dismissed at the admission stage itself. However, the petitioner is at liberty to approach the civil Court for appropriate relief. However, there shall be no order as to costs. 18.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To

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

2. The District Registrar (Admn.) Virudhunagar 3/4

P.VELMURUGAN. J.

Ksa-2 18.10.2023 4/4