Muthupetchai Kumar.R v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Muthupetchai Kumar ... Petitioner Vs 1.The District Registrar, Periyakulam, Theni District.

2.The Sub Registrar, Sub Registrar Office, Thevaram, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct the enquiry based on the petitioner's representation dated 27.01.2022, 10.11.2022 on the basis of the surveyor report within the time stipulated by this Court.

For Petitioner : Mr.M.Iniyavan For Respondents : Mr.N.Satheeskumar Additional Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2.The prayer sought for cannot be granted. The petitioner had executed a mortgage deed dated 06.08.2010 in favour of one Deenadhayalan. The petitioner now wants to rectify the description of the property alone. This has to be necessarily a bilateral act. If both the parties appear and present the rectification deed before the second respondent, it will be registered. The second respondent cannot accept the document unilaterally executed by the writ petitioner. Otherwise, the petitioner has to work out his remedy elsewhere. I make it clear that I have not gone into the merits of the matter. Granting liberty to the writ petitioner to move the jurisdictional civil Court, this writ petition is dismissed. There shall be no order as to costs. 01.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The District Registrar, Periyakulam, Theni District.

2.The Sub Registrar, Sub Registrar Office, Thevaram, Theni District.

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G.R.SWAMINATHAN, J.

MGA 01.02.2023 4/4