Jothibasu, v. The District Registrar,

W.P.(MD)No.1636 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2020

CORAM

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.1636 of 2019 Jothibasu ... Petitioner Vs.

1.The District Registrar, Office of the Deputy Registrar, Integrated Complex, TNAU Nagar, Rajagambeeram, Yanaimalai, Othakadai, Madurai - 625 107.

2.The Sub-Registrar, Thamaraipatti Sub-Registrar Office, Thamaraipatti, Madurai District.

... Respondents Prayer:- Writ petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus directing the First Respondent to consider the representation dated 18.12.2018. For Petitioner : Mr. A.Nambirajan 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 Respondents, that it has been ruled by the Hon'ble Supreme Court of India in Satya Pal 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 only to challenge 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 the Petitioner 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1636 of 2019 has been expressed by this Court on the correctness or entitlement of the claim made by the Petitioner in that regard. No costs. Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) das To 1.The District Registrar, Office of the Deputy Registrar, Integrated Complex, TNAU Nagar, Rajagambeeram, Yanaimalai, Othakadai, Madurai - 625 107.

2.The Sub-Registrar, Thamaraipatti Sub-Registrar Office, Thamaraipatti, Madurai District.

W.P.(MD)No.1636 of 2019 04.03.2020 KB(20/03/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2