Kamatchi v. The District Collector

W.P.(MD)No.4631 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2020

CORAM

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.4631 of 2020 and W.M.P.(MD)Nos.3989 to 3991 of 2020 1.Kamatchi 2.Balamurugan 3.Pandiselvi 4.Senthilkumar 5.Pandeeswari 6.Pandiarajan 7.Rathnapriya ... Petitioners Vs.

1.The District Collector, Collectorate, Dindigul District.

2.The Revenue Divisional Officer, Palani.

3.The Director, Indian Medicine and Homeopathy, Chennai.

4.The District Registrar, Palani Registration District, Dindigul District, Palani.

5.K.Natrayan ... Respondents Prayer:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus directing the Fourth Respondent herein to pass appropriate order by disposing the complaint lodged under complaint No.4194/2019, dated 22nd October 2019 within the stipulated period prescribed by this Court. For Petitioners: Mr.G.Thanvagel For R1 to R4 : Mr.M.Murugan, Government Advocate.

O R D E R

It is pointed out by Mr.M.Murugan, Learned Government Advocate, who takes notice for the First to Fourth Respondents, that it has been ruled by the Hon'ble Supreme Court of India in Satya Pal Anand -vs- State of Madhya Pradesh [(2016) 10 SCC 767] that once a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4631 of 2020 document has been registered, the Registering Authority cannot cancel the registration even if his attention is invited to some irregularity committed during the registration of the document, and that the remedy for the aggrieved party is only to challenge the registration and validity of the document in a suit invoking Section 31 of the Specific Relief Act, 1963, before the jurisdictional Civil Court. In view of the same, Learned Counsel for the Petitioners seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioners to resort to that procedure, and he has made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is needless to clarify here that no view has been expressed by this Court on the correctness or entitlement of the claim made by the Petitioner in that regard. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The District Collector, Collectorate, Dindigul District.

2.The Revenue Divisional Officer, Palani.

3.The Director, Indian Medicine and Homeopathy, Chennai.

4.The District Registrar, Palani Registration District, Dindigul District, Palani.

+1 CC to M/s.Special Govt.Pleader ( SR-10558[F] dated 09/03/2020 ) +1 CC to M/s.G.THANGAVEL, Advocate ( SR-10791[F] dated 10/03/2020 ) W.P.(MD)No.4631 of 2020 and W.M.P.(MD)Nos.3989 to 3991 of 2020 Dated: 06.03.2020 das SDS (16.03.2020) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2