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Madras High CourtWP(MD)/24015/2024dismissed

K. Naganatha Thevar v. The Inspector General Of Registration

2024-10-14Honourable Mr Justice N. Sathish Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.24015 of 2024 K.Naganatha Thevar . .. Petitioner Vs.

1.The Inspector General of Registration, Department of Registration, Santhome, Chennai.

2.The District Registrar(Admin), Department of Registration, Ramanathapuram.

3.The Sub Registrar, Department of Registration, R.S.Mangalam, Ramanathapuram District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to expedite and dispose of petitioner's pending appeal before them in No.22439/U4/2023 on merits within a stipulated time limit as fixed by this Court.

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For Petitioner : Mr.S.Ukkirapandian For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

This writ petition has been filed to direct the first respondent to dispose of the appeal filed by the petitioner.

2. The petitioner gave a complaint before the District Registrar to cancel the registered document on the ground that impersonation and fraudulent activities have taken place. However, the same was rejected. As against which, appeal has been filed before the first respondent. But, till date, the first respondent has not considered the same. Hence, seeks direction.

3. At the outset, when the original authority has already rejected, now, there is no purpose to direct the first respondent to dispose of the appeal filed by the petitioner. Further, the very provision under 2/5

which the complaint has been filed by the petitioner, namely, Section 77A is also struck down by the Hon'ble Division Bench of this Court in W.P.No.10291 of 2022 batch as unconditional. In such view of the matter, this Writ Petition is not maintainable. If at all the petitioner wants to annul the document, remedy lies before the civil Court. Accordingly, this Writ Petition stands dismissed. No costs. 14.10.2024 Index : Yes / No NCC : Yes / No Rmk To 1.The Inspector General of Registration, Department of Registration, Santhome, Chennai.

2.The District Registrar(Admin), Department of Registration, Ramanathapuram.

3.The Sub Registrar, Department of Registration, R.S.Mangalam, Ramanathapuram District.

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N.SATHISH KUMAR , J.

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