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Madras High CourtWP(MD)/16879/2016dismissed

Rajalingam, v. The Sub Registrar,

2016-09-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.09.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.16879 of 2016 Rajalingam . . . Petitioner -Vs1.The Sub Registrar, Kujiliamparai, Dindigul District.

2.V.Thiyagarajan . . . Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to receive and register the document of the cancellation of the sale agreement dated 03.03.2016 based on the petitioner's representation dated 29.08.2016. For petitioner :Mr.G.Gomathi Sankar For Respondents :Mr.V.Muruganandham Addl. Government Pleader

ORDER

The writ petition has been filed seeking a direction directing the 1st respondent to receive and register the document of the cancellation of the sale agreement dated 03.03.2016.

2. Heard the submissions made on either side and perused the documents carefully.

3.As per the Full Bench judgment of this Court in M/s.Latif Estate Line India Limited, Kilpauk, Chennai Vs.Ms.Hadeeja Ammal and 2 others, reported in 2011 (2) CTC page 1, the Registrar has no power to cancel any sale deed registered. In view of the judgment of the Full Bench of this Court, the first respondent cannot consider the petitioner's application.

4. In the above circumstances, the petitioner's request cannot be entertained. Hence, the writ petition is liable to be dismissed. Accordingly, the same is dismissed. However, liberty is given to the petitioner to approach the competent Civil Court https://hcservices.ecourts.gov.in/hcservices/

seeking for the relief, if he is so advised. There shall be no order as to costs.

Sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar To The Sub Registrar, Kujiliamparai, Dindigul District.

+1 cc to Mr.G.GOMATHI SANKAR,Advocate, Sr.No: 52626 +1cc to M/S Special Government Pleader, Sr No. 51966 JAM/SKS-RR/23.09.16/ 2P-4C W.P.(md).No.16879 of 2016 12.09.2016 https://hcservices.ecourts.gov.in/hcservices/