K.Pandi v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR K.Pandi ... Appellant -vs1.The District Registrar Madurai North Y.Othakkadai Rajagambeeram Madurai District 2.The Sub Registrar Alanganallur Madurai District 3.Amirtham 4.Nallammal 5.Chandra 6.Saratha 7.Amutha 8.Dhanalakshmi 9.Parameswari ... Respondents

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 21.01.2020, passed in W.P.(MD) No.984 of 2020, on the file of this Court.

For Appellant :

Mr.D.Selvanayagam For Respondents :

Mr.M.Sarangan Additional Government Pleader for R1 & R2 Mr.B.Fazil Kirmani for R3 to R9

J U D G M E N T

[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.] The unsuccessful writ petitioner is the appellant herein. He filed the writ petition for issuance of a writ of mandamus directing the first respondent herein to dispose of his appeal, dated 07.05.2016, within a time stipulated by this Court, in respect of a document executed by the respondents 3 to 9 herein and registered as document No.1336 of 2016 by the second respondent, on 07.04.2016.

2. The learned Single Judge, relying upon the principles enunciated by the Honourable Supreme Court regarding Section 68(2) of the Registration Act, 1908, has dismissed the writ petition. Hence, this writ appeal.

3. This Court, in identical circumstances, by a common order dated 02.08.2024 in W.P.No.10291 of 2022 etc., batch [M.Kathirvel vs. The Inspector General of Registration and others], wherein one of us (N.S., J.) was a member, has held that there is an effective alternative remedy available to the appellant by way of approaching the competent Civil Court and hence, the jurisdiction of this Court under Section 226 of the Constitution of India cannot be invoked.

4. In view of the above, this writ appeal is dismissed. However, liberty is granted to the appellant to work out his remedy for appropriate remedy by filing appropriate application before the competent Civil Court. No costs.

[T.K.R., J.] [N.S., J.] 06.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Registrar, Madurai North, Y.Othakkadai, Rajagambeeram, Madurai District.

2.The Sub Registrar, Alanganallur, Madurai District.

RMT.TEEKAA RAMAN, J.

AND N.SENTHILKUMAR, J.

krk 06.11.2024