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Madras High CourtWP(MD)/14987/2021disposed of

Raja v. The Inspector General Of Registration

2022-08-12Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Raja ... Petitioner Vs 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome, Chennai-600 028.

2.The Deputy Inspector General of Registration, Integrated Registration Department Campus, TNAU Nagar, Rajakambiram, Thirumokur Road, Y.Othakadai, Madurai-625 107.

3.The District Registrar (Administration) Document Registration Department, Sivagangai, 4.The Sub Registrar, Thiruppuvanam Sub Registrar Office, Thiruppuvanam, 5.Anandharani Sub Registrar, Thiruppuvanam Sub Registrar Office, Thiruppuvanam, 1/5

6.The Tahsildhar, Thiruppuvanam Taluk, 7.The Head Surveyor, Land Survey Department, Thiruppuvanam Taluk, 8.V.Ganesan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 3rd respondent to consider the petitioner`s representation dated 07.04.2021 within a time frame that may be stipulated by this Honourable Court, on the basis of the direction issued by the 1st respondent in Letter No.15004/U4/2021 dated 28.06.2021 regarding to conduct enquiry as per the section 68(2) of the Registration Act and circular`s issued by the 1st respondent in his circular letter No.41530/U1/2017 dated 31.07.2018 and Letter No.20217/U1/2021 dated 09.07.2021. For Petitioner : Mr.R.Udhayakumar For R1 to R7 : Mr.J.K.Jayaseelan Government Advocate For R8 : Mr.T.C.S.Thillainayagam

ORDER

Heard the learned counsel on either side.

2. The petitioner is aggrieved by the registration of the petition mentioned partition deed. He has moved the authority under the Registration 2/5

Act for declaring the said document as void. Since no action was taken, the present writ petition came to be filed.

3. During the pendency of this petition, Ganesan /8th respondent in W.P. (MD)No.14987 of 2021 filed O.S.No.67 of 2021 on the file of the District Munsif Court, Thiruppuvanam seeking the relief of permanent injunction. Likewise, Lakshmi/petitioner in W.P.(MD)No.8912 of 2022 filed O.S.No.30 of 2022 on the file of the Sub Court, Manamadurai seeking comprehensive reliefs of declaration as well as partition.

4. Since the competent civil Court is seized of the matter, it is not necessary for the authority under the Registration Act to go into the issue. Leaving open the rights of the parties, the Writ Petition is disposed of. Since O.S.No.67 of 2021 as well as the suit filed by Lakshmi are inter linked, O.S.No.67 of 2021 is withdrawn from the file of the District Munsif Court, Thiruppuvanam and is transferred for being tried along with O.S.No.30 of 2022 on the file of the Sub Court, Manamadurai. No costs. 12.08.2022 Index : Yes / No Internet : Yes/ No rmi 3/5

To 1.The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome, Chennai-600 028.

2.The Deputy Inspector General of Registration, Integrated Registration Department Campus, TNAU Nagar, Rajakambiram, Thirumokur Road, Y.Othakadai, Madurai-625 107.

3.The District Registrar (Administration) Document Registration Department, Sivagangai, 4.The Sub Registrar, Thiruppuvanam Sub Registrar Office, Thiruppuvanam, 5.Anandharani Sub Registrar, Thiruppuvanam Sub Registrar Office, Thiruppuvanam, 6.The Tahsildhar, Thiruppuvanam Taluk, 7.The Head Surveyor, Land Survey Department, Thiruppuvanam Taluk, 4/5

G.R.SWAMINATHAN, J.

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