Madras High CourtWP(MD)/6002/2017dismissed

M.Ramaraj, v. The District Registrar,

2017-04-06Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.6002 of 2017 and W.M.P(MD)No.4734 of 2017 M.Ramaraj ..Petitioner Vs 1.The District Registrar, Periyakulam Registration District, Periyakulam, Theni District.

2.The Sub-Registrar, Theni Sub-Registrar Office, Theni Town and District.

3.A.Mayan 4.M.Govindaraj 5.M.Alagesan ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to cancel/set aside the unilateral cancellation deed executed by the third respondent on 25.3.2010 and subsequent documents registered in the properties situated in S.Nos.610/A, 610/1C, 611 and 588/14, Kunnur Village, Andipatti Taluk, Theni District within the time stipulated by this Court. For Petitioner : Mr.G.Marimuthu For Respondents : Mr.A.Muthukaruppan 1 & 2 Addl.Govt.Pleader

ORDER

The Petitioner seeks for a direction to the second respondent to cancel/set aside the unilateral cancellation deed executed by the third respondent on 25.3.2010 and subsequent documents https://hcservices.ecourts.gov.in/hcservices/

registered in the properties situated in S.Nos.610/A, 610/1C, 611 and 588/14, Kunnur Village, Andipatti Taluk, Theni District within the time stipulated by this Court.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents 1 and 2. 3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The issue raised in the present Writ Petition appears to be a civil dispute between the Petitioner and private respondents and hence, the same cannot be agitated before this Court invoking jurisdiction under Article 226 of the Constitution of India.. As such, the Writ Petition is not maintainable before this Court and the Petitioner has to approach the competent Civil Court to get the relief, sought for in this Writ Petition. 5.With the above observation, the Writ Petition stands dismissed. Consequently connected Miscellaneous Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The District Registrar, Periyakulam Registration District, Periyakulam, Theni District.

2.The Sub-Registrar, Theni Sub-Registrar Office, Theni Town and District.

+1cc to M/s.G.MARIMUTHU Advocate in SR. No.50515 +1cc to SPECIAL GOVERNMENT PLEADER in SR. No.51006 VSN JS/SV.MMS/17.04.2017/2P-5C W.P(MD)No.6002 of 2017 and W.M.P(MD)No.4734 of 2017 06.04.2017 https://hcservices.ecourts.gov.in/hcservices/