Jeyakodiammal v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.28000 of 2022 Jeyakodiammal ... Petitioner Vs.

1.The District Registrar (Administration), Ramanathapuram District, Ramanathapuram.

2.The Sub-Registrar, Perunali Sub-Registrar Office, Perunali, Ramanathapuram District.

3.M/s.Disc Agrotech Ltd., 2nd Floor, Meenakshi Thirumana Mandapam, 23B, Chinna kamal Street, Koripalayam, Madurai.

4.M/s.Kamuthi Solar Power Ltd., Near Sengappadai, Kamuthi-623603, 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 1st and 2nd respondents to conduct an enquiry as per circular of the Inspector General of 1/4

Registration, Chennai in Circular No. 24819/C1/2021 dated 14.09.2022 on the basis of the petitioner's representation dated 24.10.2022 and 07.11.2022 consequently, to remove all the entries in encumbrance in respect of Document Nos. 1960/2008 dated 13.10.2008, 870/2016 dated 04.10.2016 and 3498/2016 dated 19.08.2016 on the file of the Perunali Sub Registrar on the basis of petitioner's representations dated 24.10.2022 and 07.11.2022. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.S.Shanmugavel Additional Government Pleader for R1 & R2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 & 2. The private respondents are yet to be served.

2. The petition mentioned prayer cannot be granted. This is for two reasons. Firstly, the petitioner's request was already rejected by the first respondent on 16.10.2019. Without questioning the same, the petitioner cannot maintain a writ of mandamus. Secondly, the registered document cannot be cancelled by the registering authority himself. The petitioner therefore has to file a fresh petition before the first respondent and ask for appropriate relief. 2/4

3. With this liberty to move the first respondent, the writ petition is dismissed. No costs.

21.12.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Registrar (Administration), Ramanathapuram District, Ramanathapuram.

2.The Sub-Registrar, Perunali Sub-Registrar Office, Perunali, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.28000 of 2022 21.12.2022 4/4