Madras High CourtWP(MD)/8585/2017dismissed

S.P.Murthy v. The District Collector

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)No.8585 of 2017 and WMP (MD) No.6515 of 2017 S.P.Murthy ..Petitioner Vs 1.The District Collector, Tiruchirappalli District.

2.The Revenue Divisional Officer, Lalgudi Post, Trichy District.

3.The Thasildar, Manachanallur Post, Trichy District - 621 005.

4.The Deputy Thasildar, Manachanallur Post, Trichy District - 621 005.

5.The District Registrar, Tiruchirapalli District - 620 001.

6.The Joint Sub Registrar No.1, Tiruchirappalli - 620 001.

7.Dilshad 8.Nishad Ahamed 9.Humera 10.Roshnara 11.Salim 12.K.Ramachandran 13.Mohammed Samshudeen ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 6th respondent in its impugned proceedings in Na.Ka.No.17123/AA4/2012 dated 08.06.2016 and quash the same and consequently to direct the respondents 6 and 7 to cancel the registration of sale deed dated 28.06.2007 in document No.3512 of 2007.

For Petitioner :Ms.Maria Roseline For Respondents 1 to 6 :Mr.A.Muthukaruppan Additional Government Pleader

ORDER

The petitioner has approached this Court seeking quashment of the impugned proceedings of the 6th respondent in Na.Ka.No.17123/AA4/2012 dated 08.06.2016 and consequently to direct the respondents 6 and 7 to cancel the registration of sale deed dated 28.06.2007 in document No.3512 of 2007. 2.As against the order passed by the sixth respondent, the proper course open to the petitioner is to file a civil case before the competent civil Court. Without approaching the civil Court, the petitioner has chosen to invoke the extraordinary jurisdiction of the Court under Article 226 of the Constitution of India. In fact the impugned proceedings would also indicate that it is open to the writ petitioner to approach the civil Court for redressing his grievance. Therefore, without adopting the proper course for redressing his grievance, the petitioner has approached this Court.

3.In the said circumstances, the Writ Petition is misconceived and the same is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. There shall be no order as to costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tiruchirappalli District.