M.Chinniah, v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.11765 of 2019 M.Chinniah ... Petitioner vs.
1.The Inspector General of Registration, Department of Registration, State of Tamil Nadu, 100,Santhome High Road, Chennai-600 028.
2.The District Registrar, District Registrar Office, Karaikudi, Sivagangai District.
3.The Sub-Registrar, Devakottai Sub-Registration Office, Devakottai, Sivagangai District.
4.S.Gandhi ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to make necessary alteration on the registration record by cancelling the Document No.1323/1999 dated 09.08.1999 on the file of the third respondent in respect of the property is situated at Siruvathi Group, Ilaiyangudi Village, Pavanakottai Post, (Periyakarai Via) Devakottai Taluk, Sivagangai District in Survey No.144-12 bearing patta No.1634 admeasuring 0.17.5 acres land having a house by considering petitioner's representation dated 24.04.2019 For Petitioner : Mr.A.Jeyaram For Respondents : Mr.M.Murugan Government Advocate for R1 to R3
O R D E R
The prayer made in the writ petition can be granted only by the jurisdictional Civil Court. It has been held by the Honourable Supreme Court in Satyapal Anand vs. State of M.P. & others [(2016) 10 SCC 767] that it is only the Civil Court that can grant the relief of annulment of registration of the document. Therefore, the prayer made in the writ petition is misconceived. https://hcservices.ecourts.gov.in/hcservices/
2. The writ petition is dismissed giving liberty to the writ petitioner to move the Court concerned and workout his remedies. It is made clear that this Court has not pronounced anything on the merits of the matter. The petitioner's rights are otherwise left open. No costs.
Sd/- Vacation Officer/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) rmk / krk To:
1.The Inspector General of Registration, Department of Registration, State of Tamil Nadu, 100,Santhome High Road, Chennai-600 028.
2.The District Registrar, District Registrar Office, Karaikudi, Sivagangai District.
3.The Sub-Registrar, Devakottai Sub-Registration Office, Devakottai, Sivagangai District.
+1CC TO MR.A.JEYARAM, Advocate Sr. No.65565 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.65590 W.P.(MD) No.11765 of 2019 08.05.2019 MA(CO) TR (27.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/