C.Pawnraj v. The Inspector General

W.P.(MD)No. 4750 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. 4750 of 2020 and W.M.P.(MD)No.4129 of 2020 C.Pawnraj ... Petitioner Vs.

1.The Inspector General, Department of Registration, 100, Santhome High Road, Chennai.

2.The District Revenue Officer (Stamps), Sub Collector, Office of Collectorate, Madurai District.

3.The District Registrar, Theni District, Periyakulam.

4.The Sub Registrar, Theni.

5.Paulraj 6.Chandran 7.Balaji ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, to direct the respondents 1 to 3 consider the petitioner's representation dated 01.02.2020 and forbearing fourth respondent to release the document No.491 of 2020 pending before him.

For Petitioner :

Mr. S.Balaji For Respondents :

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 held by the Hon'ble Supreme Court of India in Satya Pal https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No. 4750 of 2020 Anand Vs. State of Madhya Pradesh [(2016) 10 SCC 767], that once a 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 to challeng 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 Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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 petition is closed. No costs. Sd/- Assistant Registrar /TRUE COPY/ / /2020 Sub Assistant Registrar To:- 1.The Inspector General, Department of Registration, 100, Santhome High Road, Chennai.

2.The District Revenue Officer (Stamps), Sub Collector, Office of Collectorate, Madurai District.

3.The District Registrar, Theni District, Periyakulam.

4.The Sub Registrar, Theni.

+1. C.C. to M/S.S.BALAJI, Advocate SR.No. 10494 +1 cc to Special Government Pleader, SR.No. 10557 W.P.(MD)No. 4750 of 2020 and W.M.P.(MD)No.4129 of 2020 Dated : 06.03.2020 CP JM/VR/SAR 4/17.03.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2