Madras High CourtWP(MD)/8372/2017dismissed

V.K.Amal Raj, v. Inspector General

2017-04-28Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)Nos.8372 and 8373 of 2017 V.K.Amal Raj ..Petitioner in both writ petitions Vs 1.The Inspector General (Registration), The Appellate Authority, Government of Tamil Nadu, 100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Regn. Dept), No.1, Thirupathur Road, Sivagangai, Sivagangai District - 630 561.

3.The Sub Registrar (Regn. Dept), Kalayarkoil PO, Sivagangai District-630 551.

Respondents in both writ petitions Prayer in W.P.(MD) No.8372 of 2017: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first Respondent to declare directly or issue written instructions to the District Registrar, Sivagangai to declare Document Nos.254/2006 and 517/2006 representing house property at 974 Sannathi Street, Kalaiyarkoil under Survey No.177/4; and Document No.477/2006 for six acres in Survey No.397/2A1; Document No.478/2006 for 22.5 cents in Survey No.291/1C1; Document No.514/2006 for 3 Acres 78 cents in Survey Nos.397/1A, 1B1, 1B2; Document No.515/2006 for 2 Acres 18 cents in Survey No.291/1B; Document No.516 for 4 Acres 87 Cents in Survey No.397/2A2; and Document No.1552/2006 for 2 Acres 70 cents in Survey No.

397/2A2 (part) registered at Office of Sub Registrar, Kalaiyarkoil, illegal and therefore null & void. Prayer in W.P.(MD) No.8373 of 2017: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first Respondent to declare directly or issue written instructions to the District Registrar, Sivagangai to declare all the sale deeds registered by Joint Registrar, Sivagangai between the year 1989 and 2002 originating from parent Document No.333 dated 16.04.1986, for Schedule of property - Sivagangai RD, No.1 Joint Sub - Dvn.

Sivagangai Town, Old Ward - 4 Bose Nagar, New Ward - 7 Thondi Road, Survey No. (Old survey) 51/4B (New survey) 101/1A1 - consisting of 1 (One) Acre and 72 (seventy two) cents, as illegal and therefore null & void.

For Petitioner in :Mr.V.K.Amal Raj both petitions Party in person For Respondents in :Mr.K.Mahesh Raja both petitions Government Advocate COMMON ORDER The petitioner has approached this Court with W.P.(MD) No.8372 of 2017, seeking a direction to the first Respondent to declare directly or issue written instructions to the District Registrar, Sivagangai to declare Document Nos.254/2006 and 517/2006 representing house property at 974 Sannathi Street, Kalaiyarkoil under Survey No.177/4; and Document No.477/2006 for six acres in Survey No.397/2A1; Document No.478/2006 for 22.5 cents in Survey No.291/1C1; Document No.514/2006 for 3 Acres 78 cents in Survey Nos.397/1A, 1B1, 1B2; Document No.515/2006 for 2 Acres 17 cents in Survey No.291/1B; Document No.516 for 4 Acres 87 Cents in Survey No.397/2A2; and Document No.

1552/2006 for 2 Acres 70 cents in Survey No.397/2A2 (part) registered at Office of Sub Registrar, Kalaiyarkoil, illegal and therefore null & void. 2.The petitioner has approached this Court with W.P.(MD) No.8373 of 2017, seeking a direction to the first Respondent to declare directly or issue written instructions to the District Registrar, Sivagangai to declare all the sale deeds registered by Joint Registrar, Sivagangai between the year 1989 and 2002 originating from parent Document No.333 dated 16.04.1986, for Schedule of property - Sivagangai RD, No.1 Joint Sub - Dvn. Sivagangai Town, Old Ward - 4 Bose Nagar, New Ward - 7 Thondi Road, Survey No. (Old survey) 51/4B (New survey) 101/1A1 - consisting of 1 (One) Acre and 72 (seventy two) cents, as illegal and therefore null & void.

3.Heard Mr.V.K.Amalraj, the petitioner/party-in-person and Mr.K.Mahesh Raja, the learned Government Advocate appearing for the respondents.

4.The prayer sought for in the writ petition cannot be granted for more than one reasons. The petitioner is being aggrieved by the Registration of several documents, which according to him had been fraudulently registered several years before. According to the petitioner, he was not aware of the registration of the documents and he has attempted to explain the cause of delay in approaching this Court. However, the reasons set forth in the affidavits filed in support of the writ petitions are hardly convincing and acceptable. That apart there are several disputed

questions of facts, which are required to be adjudicated by a competent Court, if any relief is to be granted to the petitioner. This Court while exercising its extraordinary jurisdiction under Article 226 of the Constitution of India cannot decide multiple disputes as raised by the petitioner, who appeared in person. The grievance of the petitioner seems to be of varied nature involving adjudication of several transactions which cannot be done by this Court under Article 226 of the Constitution of India. More over, from the averments it could be seen that there were no proper explanation from the petitioner as to how this Court's jurisdiction can be invoked for settlement of his myriad grievances.

The Writ Petition is completely misconceived and as stated supra the prayer appears to be jumbled with multiple layers of transactions and this Court cannot be expected to grant a blanket declaration as prayed for by the petitioner. 5.In such view of the matter, the Writ Petitions lack merits and substance and the same are not maintainable for the said reasons and accordingly the same are dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.

To 1.The Inspector General (Registration), The Appellate Authority, Government of Tamil Nadu, 100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Regn. Dept), No.1, Thirupathur Road, Sivagangai, Sivagangai District - 630 561.

3.The Sub Registrar (Regn. Dept), Kalayarkoil PO, Sivagangai District - 630 551.

+1CC to M/S.V.K.Amal Raj, Advocate, SR.No. 55252 +1CC to the Special Government Pleader SR.No. 55349 W.P(MD)Nos.8372 and 8373 of 2017 28.04.2017 sj AM/MR/17.05.2017/3P/6C