Anbarasu, S/O.Deva Thiraviyam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.968 of 2018 and W.M.P.(MD)No.1001 of 2018 Mr.Anbarasu ... Petitioner -Vs1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Deputy Inspector General for Registration, Office of the DIG for Registration, Palayamkottai, Tirunelveli District.
3.The District Registrar, Office of the District Registrar, Tirunelveli, Tirunelveli District.
4.The Sub-Registrar, Office of the Radhapuram Sub-Registrar, Radhapuram, Tirunelveli District.
5.Mrs.U.Saroja ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to enquire petitioner's grievances and to direct the second respondent and third respondent and fourth respondent to do fair enquiry on the basis of nature of the case on the Registered Sale Deed No.1872 of 2013 registered in the office of the 4th respondent based on the representation dated 20.11.2017. For Petitioner : Mr.B.Char Murugan For R1 to R4 : Mr.Aayiram K.Selva Kumar, Additional Government Pleader.
ORDER
The Writ Petition has been filed seeking direction to the first respondent to enquire petitioner's grievances and consequently, direct the respondents 2 to 4 to do fair enquiry on the sale deed said to have been registered in the office of the fourth respondent.
2.According to the petitioner, he borrowed loan from the fifth respondent. At the time of borrowing, the fifth respondent executed a sale deed in her favour in respect of the petitioner's https://hcservices.ecourts.gov.in/hcservices/
property in Survey No.186/1 an extent of 1.44.0 Hectares in Samugha Rengapuram Village. At the time of executing sale deed, she also promised him to reconvey the property to him. Even though the petitioner discharged the loan, the fifth respondent is demanding exorbitant interest and refusing to receive the amount. In the above circumstances, the petitioner made a representation dated 20.11.2017 to the first respondent to conduct an enquiry regarding the execution of sale deed, but so far, no action has been taken. Hence, the present Writ Petition has been filed. 3.I have heard the learned counsel for the petitioner, the learned counsel for the respondents and perused the materials available on record carefully.
4.On perusal of the affidavit, it could be seen that there is no averment regarding any fraudulent transaction or forgery deed executed by the fifth respondent, if only the petitioner executed the sale deed on his own, if at all, the petitioner has any grievance against the fifth respondent, he can workout his remedy before other forums and the first respondent has no power to enquire on the petitioner's representation. I find no merits in the Writ Petition. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Deputy Inspector General for Registration, Office of the DIG for Registration, Palayamkottai, Tirunelveli District.
3.The District Registrar, Office of the District Registrar, Tirunelveli, Tirunelveli District.
4.The Sub-Registrar, Office of the Radhapuram Sub-Registrar, Radhapuram, Tirunelveli District.
W.P.(MD)No.968 of 2018 and W.M.P.(MD)No.1001 of 2018 18.01.2018 MYR KK/SKN RSK/SAR 2/12.02.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/