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Madras High CourtWP(MD)/14602/2015dismissed as withdrawal

Tmt. Meenal v. The District Registrar

2020-06-01Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2020 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD) No. 14602 of 2015 Meenal ... Petitioner Vs.

1.The District Registrar (Administration), Madurai (South), Madurai.

2.The Sub Registrar, Tirumangalam, Madurai District.

3.P.Paramasivam 4.S.Iyyankaran

...Respondents

PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the First Respondent in his proceedings in Mu.Mu.No.2201/Aa2/2015 dated 22.07.2015 and quash the same and consequently direct the Respondents to cancel the Sale Deed in Document No.704 of 2015, dated 09.02.2015 as per Circular No.67 of the Registration Department dated 03.11.2011 to take appropriate action against the 2 to 4th Respondents under Sections 81 and 82 of the Registration Act. For Petitioner : Mr. T.Vadivelan For Respondents 1 and 2 : Mr. J.Gunaseelan Muthiah Additional Government Pleader For Respondents 3 and 4 : Mr. B.Saravanan

ORDER

Having due regard to the nature of dispute sought to be agitated by the Petitioner in the Writ Petition, it is contended by Mr.J.Gunaseelan Muthiah, Learned Additional Government Pleader, appearing for the First and Second Respondents, that it has been ruled by the Hon'ble Supreme Court of India in Satya Pal Anand -vsState of Madhya Pradesh [(2016) 10 SCC 767] that once a document has been registered, the Registering Authority cannot cancel the registration even if his attention is invited to some irregularity committed during the registration of the document, and that the remedy for the aggrieved party is only to challenge the registration and validity of the document in a suit invoking Section 31 of the Specific Relief Act, 1963, before the jurisdictional Civil Court. 2.

It is brought to the notice of this Court by the Learned Counsel for the Petitioner that the Petitioner has already filed a suit in O.S. No.146 of 2015 on the file of the Sub Court, https://hcservices.ecourts.gov.in/hcservices/

Tirumangalam, seeking the relief which is sought in this Writ Petition. In that backdrop, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioner to work out her rights in the aforesaid suit. He has further informed that he would send a confirmatory e-mail to the Registrar (Judicial) of this Court to that effect, which shall be placed on record.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) ta/sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Registrar (Administration), Madurai (South), Madurai.

2.The Sub Registrar, Tirumangalam, Madurai District.

+1 CC to MR.B.SARAVANAN, Advocate ( SR-12993[F] dated 01/06/2020 ) +1 CC to SPL GP ( SR-13087[F] dated 04/06/2020 ) W.P.(MD)No.14602 of 2015 01.06.2020 VB (17.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/