Madras High CourtWP(MD)/5205/2020dismissed as withdrawal

P.C.Nagarajan v. The Inspector General Of Registration

2020-03-13Honourable Mr Justice P.D.Audikesavalu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2020 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.(MD)Nos.4553 and 4554 of 2020 P.C.Nagarajan ... Petitioner Vs.

1.The Inspector General of Registration, Santhome High Road, Chennai-600 028.

2.The Director, National Commission for Scheduled Caste / Scheduled Tribes, 2nd Floor, Block-V, Shasthri Bhavan, Chennai-600 006.

3.The District Collector, 4.The District Revenue Officer, Theni, Theni District.

5.The Revenue Divisional Officer, Periyakulam, Theni District.

6.The Tahsildar, Periyakulam Taluk, Theni District.

7.The Assistant Inspector General of Registration, Y-Othakadai, Madurai.

8.The District Registrar, Periyakulam, Theni District.

9.The Joint Sub Registrar, Periyakulam No.II, Office of Joint Sub Registrar, Periyakulam, Theni District.

10.Smt.Mariammal

...Respondents

PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus, to call for the 1/4

records relating to the impugned sale deed Doc.No.577/93 dated 27.05.1993 on the file of the Ninth Respondent and the impugned consequential order of 8th respondent in Na.Ka.No.5727/E2/2019 dated 08.01.2020, quash the same and consequently direct the respondents herein to restore the patta for Survey No.143/1 measuring 0.79 cents of Panjamar Jari Land in D-Vadipatti Village, Periyakulam Taluk, For Petitioner : Mr.K.Appadurai For Respondents 1 to 9 : Mr.V.Anand Government Advocate

ORDER

Having due regard to the nature of dispute sought to be agitated by the Petitioner in the Writ Petition, it is contended by Mr.V.Anand, Learned Government Advocate, who takes notice for the First to Ninth Respondents, that the Division Bench of this Court in P.Rukumani -vs- Amudhavalli [(2020) 1 CTC 241] has examined the question as to whether a Writ Petition under Article 226 of the Constitution challenging the validity of registration of document made under the Registration Act, 1908, could be entertained, and has held as follows :- "9.Considering the submissions made at the bar, we are of the clear opinion that in a case relating to execution of a conveyance deed or a sale deed or cancellation thereof, if there is any dispute about the rights of the parties involved therein, the only appropriate remedy for the parties is to approach the Civil Court by way of civil suit. The act of registration of a document is a consequential act which will be subject to decree of Civil Court in case such a dispute arises.

10. We are of the clear opinion that such a relief could not have been sought or granted in Writ Jurisdiction under Article 226 of the Constitution of India. The civil rights of the parties based on relevant evidence can only be determined by a Civil Court by a competent Civil Court and not by the writ Court under Article 226 of the Constitution of India. Such private rights of the parties cannot be made a subject matter of writ jurisdiction. The writ petitions under Article 226 of the Constitution of India lie only against the State or instrumentality of the State as defined under Article 12 of the Constitution of India. Therefore, such determination of private civil rights of the parties cannot be made subject matter of writ petition."

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In view of the aforesaid submission made, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the petitioner to institute suit invoking Section 31 of the Specific Relief Act, 1963, for necessary relief before the jurisdictional Civil Court. He has also made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar To 1.The Inspector General of Registration, Santhome High Road, Chennai-600 028.