Joy Mercy Radhamani v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Joy Mercy Radhamani ... Petitioner Vs
1. The District Registrar, O/o.The District Registrar, Tirunelveli District.
2. The Sub-Registrar, Radhapuram Sub Register Office, Tirunelveli.
3. The Chief Educational Officer, Office of the Chief Educational Officer, Kokkirakulam, Tirunelveli District.
4. The Sub Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District.
5. Suyambu
6. P.Palpandi
7. S.T.Lingam
8. P.Nagamani ... Respondents 1/4
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to dispose the petitioners representation dated 30.04.2024 within the time frame fixed by this Court.
For Petitioner : Mr.G.Kalyana Sundaram For Respondents : Mr.P.Subburaj (R1-R3) Special Govt. Pleader Mr.M.Vaikkam Karunanidhi (R4) Government Advocate (Crl.Side) Mr.V.Panneer Selvam (R5-R8) Standing Counsel
O R D E R
This Writ Petition has been filed seeking direction to the 1st and 2nd respondents to dispose the petitioner's representation dated 30.04.2024, to cancel the document namely trust deed registered by the private respondents.
2. The case of the petitioner is that originally the trust deed created by the mother-in-law of the petitioner, wherein, the petitioner has been appointed as the Managing Director and in-charge of the School, whereas, the respondents 5 to 8 have created other trust deed in the name of other trust and interfereing with the affairs of the petitioner. Therefore, she gave a representation to the District Registrar to cancel the same is illegal.
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3.At the outset, this Court is of the view that the very filing of writ petition itself is a misconceived one and seeking such relief by the learned counsel for the petitioner itself indicated that he has not understood governing of law properly. The private right cannot be agitated by way of filing this kind of writ petition. Further, cancellation of document, which was registered by the respondents 5 to 8 by the District Registrar, is not permissible under any law. There is no provision under the Registration Act, 1908 as on today to cancel any registered document. For all these reasons, I do not find any merit in this petition. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.
05.08.2024 NCC : Yes/No Index : Yes/No PNM To
1. The District Registrar, O/o.The District Registrar, Tirunelveli District.
2. The Sub-Registrar, Radhapuram Sub Register Office, Tirunelveli.
3. The Chief Educational Officer, Office of the Chief Educational Officer, Kokkirakulam, Tirunelveli District.
4. The Sub Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District. 3/4
N.SATHISH KUMAR , J.
PNM ORDER IN 05.08.2024 4/4