M.Senthooran, v. The District Registrar (Admn),
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.14463 and 14464 of 2017 M.Senthooran ... Petitioner /vs./ 1.The District Registrar (Administration), Registration Department, Virudhunagar.
2.The Sub Registrar, Office of the Joint Registrar No.II, Virudhunagar.
3.G.Nagarajan 4.G.Ramanujam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 1st respondent in Na.Ka.No.3631/Aa4/2016, dated 31.07.2017 and quash the same and further direct the 1st and 2nd respondent to 1/4
restore the Documents No.3599 and 3600 of 2016 on the file of the 2nd respondent herein.
For Petitioner : Mr.K.Kumaravel For R1 & R2 : Mr.M.Sarangan Additional Government Pleader For R3 & R4 : No appearance
ORDER
The writ petition has been filed challenging the order passed by the first respondent in Na.Ka.No.3631/Aa4/2016, dated 31.07.2017 and for the consequential direction to the respondents 1 and 2 to restore the Documents Nos. 3599 and 3600 of 2016 on the file of the second respondent herein.
2. Heard Mr.K.Kumaravel, learned counsel appearing on behalf of the petitioner and Mr.M.Sarangan, learned Additional Government Pleader appearing on behalf of the respondents 1 and 2. In spite of notice to the respondents 3 and 4, they had not chosen to appear either in person or through a counsel. The name of the respondents 3 and 4 has also been printed in the cause list and they called absent today.
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3. In view of the Judgment of the Hon'ble Apex Court in the case of Satya Pal Anand Vs. State of M.P. and others reported in 2016 10 SCC 767, only the parties can approach the civil Court for seeking their remedies in such cases.
4. In view of the same, the writ petition cannot be entertained and is accordingly dismissed. However, liberty is granted to the petitioner to approach the appropriate civil Court for seeking the relief. If the petitioner approaches the civil Court, the period of pendency of this writ petition shall stand excluded under Section 14 of the Limitation Act, 1963. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Index : Yes / No 05.12.2024 Internet : Yes / No mm To 1.The District Registrar (Administration), Registration Department, Virudhunagar.
2.The Sub Registrar, Office of the Joint Registrar No.II, Virudhunagar.
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K.KUMARESH BABU, J.
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