Madras High CourtWP(MD)/17672/2016dismissed

A.Kamaraj,S/O.U.Arumugaperumal v. The Inspector Of General

2016-09-19Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.17672 of 2016 A.Kamaraj ... Petitioner Vs.

1. The Inspector General of Registration, Santhome High Road, Santhome, Mylapore, Chennai-28.

2. The District Registrar, Tirunelveli, Tirunelveli District.

3. The Sub-Registrar, Moraponadu Sub Registrar Office, Srivaikundam Taluk, Thoothukudi 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 the proceedings passed by the 2nd respondent in Na.Ka.No.5007/A4/2015 dated 27.11.2015 and quash the same as illegal, consequently direct the 2nd respondent to cancel the settlement deed dated 08.08.2013 in document No.3116 of 2013 in the light of circular No.67 issued by the 1st respondent dated 03.11.2011.

For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.V.Muruganandham Addl. Government Pleader

ORDER

Challenging the order passed by the second respondent/District Registrar, Tirunelveli District, refusing to cancel the sale deed, the petitioner has filed the present Writ Petition.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the records carefully.

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3.On perusal of the records, this court is of the view that against the order passed by the second respondent, an appeal is provided before the first respondent/Inspector General of Registration, Chennai and without availing the said alternative remedy, the petitioner has come to this Court. 4.In view of the above, the writ petition is dismissed with liberty to the petitioner to file an appeal before the first respondent/Inspector General of Registration , Chennai. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Inspector General of Registration, Santhome High Road, Santhome, Mylapore, Chennai-28.

2. The District Registrar, Tirunelveli, Tirunelveli District.

3 .The Sub-Registrar, Moraponadu Sub Registrar Office, Srivaikundam Taluk, Thoothukudi District.

4. The Section Officer, E.R & V.R. Sections, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.S.M.MOHAN GANDHI, ADVOCATE IN SR No. 53310 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 53952 VS TE/SKS-RR/SAR-I : 26/09/2016 : 2P/7C W.P(MD)No.17672 of 2016 19.09.2016 https://hcservices.ecourts.gov.in/hcservices/