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Madras High CourtWP(MD)/20630/2017disposed of

M.Parameswaran, v. The District Registrar,

2017-11-09Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20630 of 2017 and W.M.P(MD)No.16896 of 2017 M.Parameswaran .. Petitioner Vs.

1. The District Registrar, Registration Department, Periyakulam, Theni District.

2. The Joint Sub-Registrar No.II, Periyakulam, Theni District.

.. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to proceedings in Impugned Proceedings in e.f.vz;:4119/M1/2016, dated 19.09.2017 of the 1st respondent and to quash the same and directing the respondents to release the Partition Deed registered as document No: Document in ep.M.vz;.10/2016 to the petitioner. For Petitioner : Mr.V.Santhakumaresan For Respondents : Mr.M.Alagathevan, Special Government Pleader

ORDER

By consent, this writ petition is taken up for final disposal at the stage of admission itself.

2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents.

3. The petitioner is before this Court questioning the impugned proceedings of the first respondent in e.f.vz;:4119/M1/2016, dated 19.09.2017, vide which, the petitioner was directed to pay a sum of Rs.12,23,258/- towards stamp duty with a penalty of Rs.6,742/-. The petitioner also sought for a direction to the respondents to release the Partition Deed in ep.M.vz;.10/2016. https://hcservices.ecourts.gov.in/hcservices/

4. This Court is of the view that this writ petition itself is not maintainable, since the petitioner came before this Court challenging the order of the District Registrar, Registration Department, when there is a provision to prefer an appeal before the Inspector General of Registration, Chennai.

5. Hence, this Court is not inclined to entertain this petition and the same is accordingly dismissed, with liberty to the petitioner to file an appeal before the Inspector General of Registration, Chennai, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The District Registrar, Registration Department, Periyakulam, Theni District.

2. The Joint Sub-Registrar No.II, Periyakulam, Theni District.

+ 1 CC TO Mr.V.SANTHAKUMARESAN, ADVOCATE IN SR No. 86766 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 86575 GK TE/GT/SAR-I : 21/11/2017 : 2P/5C W.P(MD)No.20630 of 2017 and W.M.P(MD)No.16896 of 2017 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/