Srinivasan, v. The Inspector General Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN WRIT PETITION NO.33427 OF 2019 Mr.Srinivasan .. Petitioner /versus/ 1.

The Inspector General Registration, Office of the Inspector General Registration, Sathome High Road, Chennai 600 004.

2.

The Sub Registrar, Office of Sub Registrar, Thirupathur, Previously Vellore District, Presently Thirupathur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 08.11.2019 in accordance with law within time stipulated by this Court.

For Petitioner :Mr.Karan and Uday For Respondents:Mr.T.M.Pappiah, Spl.G.P.

For R1 and R2

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.Heard Mr.Karan and Uday, learned counsel appearing for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader, who takes notice for respondents 1 and 2. 3.The prayer in the writ petition is to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 08.11.2019 in accordance with law within time stipulated by this Court.

4.The petitioner herein on 08.11.2019 has given a https://hcservices.ecourts.gov.in/hcservices/

representation to the Inspector General of Registration stating that the land bearing S.No.4/4 situated at S Pallipattu Village, Tirupattur Taluk measuring around 0.10.0 hectares belongs to his late mother Janaki Ammal. Now, when he visited the land, some third parties are making arrangement to clean the land as if it belongs to them. They became right over the property through one Ramanujam, who has nothing to do with the said property. Hence, a representation has given the persons by name Selvaraj, Saroja claiming title through Ramanujam who has executed a fraudulent sale deed in favour of Raji should be prevented and they should not create any encumbrance over the property. 5.The very nature of the representation indicates that there is a title dispute and in 2001 itself, the property has been transferred in the name of Raji.

While so, no order of preventing transaction or execution of the deed by the said titleholder can be ordered merely based on his representation. The parties have to work out their remedy before the competent civil Court, since the parties have no right to seek Writ of Mandamus, the writ petition is liable to be dismissed. 6.Accordingly, this writ petition is dismissed. No costs.

1.

The Inspector General Registration, Office of the Inspector General Registration, Sathome High Road, Chennai 600 004.

2.

The Sub Registrar, Office of Sub Registrar, Thirupathur, Previously Vellore District, Presently Thirupathur District.

+1cc to Mr.Karan and Uday, Advocate, S.R.No.100332 +1cc to the Government Pleader, S.R.No.100454 W.P.No.33427 of 2019 SS(CO) CS/08/01/2020 https://hcservices.ecourts.gov.in/hcservices/