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Madras High CourtWP(MD)/17373/2017dismissed

M.Chakkaravarthi v. The District Registrar,

2024-12-10Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M.Chakkaravathi .. Petitioner Vs.

The District Registrar, District Registrar Office, Tuticorin District, Tuticorin.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondent to conduct an enquiry on the petitioner's representation dated 23.08.2017 within a specified period.

For Petitioner :

Mr.K.R.Ramakrishnan For Respondent :

Mr.M.Sarangan Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to consider the representation of the petitioner dated 23.08.2017.

2. Under the said representation, the petitioner had made a request to the respondent to conduct an enquiry and remove the names of six individuals, who are daughters of one Sudalaimadan, which are entered in the Encumbrance Certificates of the property concerned.

3. The Registering Authority do not have any authority to enquire into a dispute between two individuals and refuse registration or even cancel a registered document. The same had been expressively held by the Hon'ble Apex Court in the case of Satya Pal Anand vs. State of Madhya Pradesh reported in (2016) 10 SCC 767.

4. In view of the said pronouncement, the prayer sought for by the writ petitioner cannot be granted. If the petitioner is so aggrieved, he is

entitled to approach the appropriate civil Court seeking to remedy his grievance.

5. In such view of the matter, this Writ Petition fails and the same is dismissed with the liberty indicated above. There shall be no order as to costs.

10.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The District Registrar, District Registrar Office, Tuticorin District, Tuticorin.

K.KUMARESH BABU, J.

abr Dated: 10.12.2024