D.Jebasither v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Jebasither .... Petitioner Vs 1.The Sub-Registrar, Tuticorin District, Tuticorin.

2.The District Collector, Tuticorin District, Tuticorin.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the Impugned Order in Na.Ka.No.7368/A.Pa.P/2024 dated 18.12.204 on the file of the first respondent and quash the same and further directing the respondents to receive the Settlement Deed executed by the petitioner in favour of his son J.Immanuel under token No.8 on 12.12.2024 and register the same. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.S.P.Maharajan Special Government Pleader 1/4

O R D E R

This writ petition has been filed challenging the order passed by the first respondent dated 18.12.204 thereby furnished the information under RTI.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner sought for information under RTI before the first respondent. Accordingly, on receipt of the same, the first respondent furnished certain informations. If the petitioner aggrieved by the said order, he can very well file an appeal before the appellate authority. Therefore, when there is an appeal remedy available as against the order passed by the first respondent, the writ petition cannot be maintainable under Article 226 of the Constitution of India. Therefore, the first limp of the prayer is not maintainable.

4. Further, the petitioner sought for consequential direction. Since the first limp of the prayer is not maintainable, the second limp of the prayer cannot be granted. Accordingly, the writ petition is dismissed. No costs. The 2/4

petitioner is at liberty to file an appeal before the appellate authority in the manner known to law. No costs.

Internet : Yes Index : Yes/No 24.01.2025 Speaking/Non Speaking order am To 1.The Sub-Registrar, Tuticorin District, Tuticorin.

2.The District Collector, Tuticorin District, Tuticorin.

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G.K.ILANTHIRAIYAN, J.

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