Madras High CourtWP(MD)/642/2022dismissed

Chithra v. The Inspector General Of Registration

2023-03-06Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.642 of 2022 Chithra ... Petitioner Vs

1. The Inspector General of Registration, No. 100, Santhome High Road, Chennai - 600028.

2. The District Registrar(Registration), Kumbakonam, Thanjavur District.

3. The Sub Registrar, Papanasam, Thanjavur District.

4. Bharathidasan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the document writer licence of 4th respondent, vide licence no. A6KUM2013, pursuant of the petitioner's representation, dated 01.12.2021. 1/5

For Petitioner : Mr.A.G.Narasimhan For R1 to R3 : Mr.M.Prakash Additional Government Pleader For R4 : Mr.Veerapandi Selvaraj

O R D E R

This Writ Petition has been filed in the nature of mandamus, directing the respondents 1 to 3 to cancel the Document Writer licence of 4th respondent, vide licence no. A6KUM2013, pursuant of the petitioner's representation, dated 01.12.2021.

2.When the matter is taken up for hearing, the learned counsel for the petitioner is not present. Even on 19.01.2022, when the matter was taken up for hearing, this Court had noted as follows: "This Court can never direct the cancellation of particular license, but can only direct examination of any representation given by the petitioner.

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Mr.S.Shanmugavel, learned Additional Government Pleader, takes notice for the respondents 1 to 3. Issue notice to the fourth respondent through Court and also privately, returnable by 16.02.2022.

Call the matter on 16.02.2022."

3.The grievance of the petitioner is that the fourth respondent, Document writer had apparently forged the agreement of sale, which has to be determined by a Civil Court.

4.The learned counsel for the fourth respondent stated that a civil suit, which is pending namely O.S.No.293 of 2020, before the Principal Sub Court, Kumbakonam.

5.Since there is already suit pending, the learned Principal Sub Judge has to determine the issue in its entirety. The petitioner has filed this writ petition only as a parallel relief. Without entering into the merits of the writ petition, this writ petition stands dismissed. The writ petitioner is 3/5

permitted to raise all issue before the learned Principal Subordinate Judge, Kumbakonam, in the pending suit. No costs. 06.03.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The Inspector General of Registration, No. 100, Santhome High Road, Chennai - 600028.

2. The District Registrar(Registration), Kumbakonam, Thanjavur District.

3. The Sub Registrar, Papanasam, Thanjavur District..

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.642 of 2022 06.03.2023 5/5