R.Tamilselvan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Tamilselvan ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Kanyakumari.

2.The District Registrar, Kanyakumari Registration District, Nagercoil, Kanyakumari District.

3.The Sub Registrar, Vadaseri Sub Registration Office, Nagercoil, Kanyakumari District.

4.The Tahsildar, Agastheeshwaram Taluk, Kanyakumari District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to rectify the survey number in sale deed dated 17.10.2023, vide registered Document No. 2936 of 2023, registered before the third respondent's office and to consider the petitioner's representation dated 09.01.2024. 1/4

For Petitioner : Mr.R.M.Suresh For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

Heard both sides.

2.The prayer sought for cannot be granted. If according to the petitioner there is a mistake in the survey number mentioned in the sale deed, the remedy open to the petitioner is to present the deed of rectification signed by both the parties. If other parties are not cooperating, suit for rectification can be filed. Without doing so, relief in writ proceedings against the registering authority cannot be sought. 3.Granting liberty to the petitioner to work out his remedy in the manner known to law, this writ petition is dismissed. There shall be no order as to costs.

03.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 2/4

To 1.The District Collector, Kanyakumari District, Kanyakumari.

2.The District Registrar, Kanyakumari Registration District, Nagercoil, Kanyakumari District.

3.The Sub Registrar, Vadaseri Sub Registration Office, Nagercoil, Kanyakumari District.

4.The Tahsildar, Agastheeshwaram Taluk, Kanyakumari District.

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G.R.SWAMINATHAN,J.

MGA 03.06.2024 4/4