Madras High CourtWP(MD)/9101/2015dismissed

Thirukumar, v. The Inspector General Of

2024-11-14Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) Nos.1 and 2 of 2015 Thirukumar ... Petitioner /vs./ 1.The Inspector General of Registration, Santhome High Road, Chennai 600 004.

2.The Sub Registrar, 3.Gunasekaran 4.R.Sakthivel 5.Senthil Maruthu 6.Vasuki 7.Reliance Company, represented by its Manager, B.Balakrishnan 1/5

8.Chandrasekaran 9.Arivanandham 10.Poovazhagi 11.V.Murugan 12.Arumugam 13.S.Natchiar 14.Marimuthu 15.Ganesan 16.A.S.Arumugam 17.The Commissioner, Municipality, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to annul all the encumbrances created by the respondents 3 to 16 in respect of the property in T.S No.11/A2 1.24.26.0 hectare at Aruppukkottai town, Virudhunagar District. For Petitioner : Mr.D.R.Murugesan For R1 to R3 : Mr.M.Sarangan Additional Government Pleader 2/5

For R4 : Mrs.P.Kalaiyarasi Bharathi for M/S.Udhaya Law Associates For R5, R6 & R8 to R12 : Mr.M.Jothi Basha For R7 : Mr.R.H.Shankar Ganesh For R17 : Mr.N.Dilip Kumar

ORDER

The prayer sought for in this writ petition is seeking to direct the second respondent herein to annul all the encumbrances that had been created by the respondents 3 to 16.

2. It is the case of the petitioner that in respect of the property belonging to him, the respondents 3 to 6 have created various documents, which affects his right and therefore, he would seek directions to be issued.

3. The prayer sought for in this writ petition amounts to indirectly cancelling the claim made by the respondents 3 to 16 under the documents and the Full Bench of this Court had already held that the Registering Authority does not have the power to cancel the document that had been registered and it is for 3/5

the aggrieved party to initiate appropriate civil proceedings for remedying their grievances.

4. In view of the above, the prayer sought for in this writ petition cannot be granted and accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Index : Yes / No 14.11.2024 Internet : Yes / No mm To 1.The Inspector General of Registration, Santhome High Road, Chennai 600 004.

2.The Sub Registrar, 4/5

K.KUMARESH BABU, J.

mm 14.11.2024 5/5