Dismissed

Kandayee, v. The Joint Sub Registrar No.3

Madras HC6 Dec 2019WP/34021/2019

Case brief

AI extract

What is this about?

The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash a registration order. Counsel for the petitioner sought to withdraw the petition, invoking available civil remedies under Section 31 of the Specific Relief Act, 1963, as per precedent. The High Court of Judicature at Madras dismissed the writ petition as withdrawn, granting lib

What did the court decide?

Writ Petition dismissed as withdrawn with liberty to resort to the same.

Kandayee, Vs The Joint Sub Registrar No.3 — Civil Procedure and Limitation | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.12.2019

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CORAM

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THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

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W.P. No. 34021 of 2019 and W.M.P. Nos. 34617 & 34618 of 2019

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Kandayee ... Petitioner

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Vs.

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The Joint Sub Registrar No.3 Salem West Registration Department Sivadapuram Village & Post Salem – 636 307.

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Rathinavelu

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C. Govindan ... Respondents

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Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorari, calling for the entire records relating to the order Na.Ka. No. 823/2019 dated 29.10.2019 on the file of the First Respondent herein and quash the same.

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For Petitioner : Mr. R. Arundattan For Respondents: Mr. M. Thamizharasan Government Advocate (For R1)

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O R D E R

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When it is pointed out by Mr.M.Tamizharasan, Learned Government Advocate, who takes notice for the First Respondent, that the Petitioner cannot call upon the Registering Authority to cancel registration of a document executed between some other persons relating to the property claimed to be owned by him and his remedy in that regard is to institute suit in the jurisdictional Civil Court invoking Section 31 of the Specific Relief Act, 1963, as held by the Full Bench of this Court in Muppudathi Pillai -vs- Krishnaswami Pillai (AIR 1960 Madras 1), while considering Section 39 of the Specific Relief Act, 1877 (corresponding to Section 31 of the Specific Relief Act, 1963), which has been reiterated by the Division Bench of this Court in

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https://hcservices.ecourts.gov.in/hcservices/

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P. Rukumani -vs- Amudhavalli (Judgment dated 17.07.2019 in W.A. No. 229 of 2018), Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded.

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