Madras High CourtWP(MD)/16385/2015disposed of

N.Balamurali v. The Sub-Registrar,

2023-07-14Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 N.Balamurali ... Petitioner -Vs1.The Sub Registrar, Nanguneri, Tirunelveli District.

2.The District Registrar, Palayamkottai, Behind Johns College, Tirunelveli District.

3.The Inspector General of Registration, Santhom High Road, Mylapur, Chennai.

4.Alwin Golden City Limited, Rep. by its Chairman, V.Pappa Rajendran 5.Swaminathan ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents particularly the 2nd respondent to conduct an enquiry in relation to the foul play, irregularity and illegality committed by the respondents 4 and 5 in bringing the document bearing Nos.794/2015, dated 26.03.2015 and 820/2015, dated 30.03.2015 on the file of the Sub Registrar, Nanguneri, Tirunelveli District into existence in respect of the property bearing Ayan Punja Survey No.392/12 measuring to an extent of 72 Acre and 77 Cents in toto on the southern side 36 acres and 36 cents and on the northern side 36 acres 41 cents respectively situated at Nanguneri, Tirunelveli District and conclude the same within a time frame as specified by this Court thereupon and pass appropriate orders on merits and in accordance with law. For Petitioner : Mr.S.Palani Velayutham For R1 to R3 : Mr.S.RA.Ramachandhran, Additional Government Pleader For R4 : Mr.D.Balamuruga Pandi For R5 : Mr.Guru Saravanan

ORDER

Heard the learned counsel on either side.

2.The issue raised in the Writ Petition cannot be adjudicated in these proceedings. It appears to be more a partnership dispute. The petitioner was a partner along with three others in a firm known as 'Fair Land Developers'. 2/4

3.The grievance of the petitioner is that by excluding him, the other two partners signed the power of attorney. It is not the case of the petitioner that his signature was forged. In these circumstances, the petitioner has to necessarily approach the jurisdictional Civil Court for appropriate relief. Granting liberty to the petitioner to move the jurisdictional Civil Court to establish his right, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

14.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Yuva To 1.The Sub Registrar, Nanguneri, Tirunelveli District.

2.The District Registrar, Palayamkottai, Behind Johns College, Tirunelveli District.

3/4

G.R.SWAMINATHAN, J.

Yuva 3.The Inspector General of Registration, Santhom High Road, Mylapur, Chennai.

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