Dismissed

K.Dharmaraj v. The Inspector of Registration

Madras HC29 Jan 2020WP/1840/2020

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a Writ Petition under Article 226 seeking a direction to the registration authorities to consider a representation on merits. Upon learned counsel for the respondents highlighting that the appropriate remedy is a civil suit under Section 31 of the Specific Relief Act, 1963, the petitioner was granted permission to withdraw the petition with liberty. The petition

What did the court decide?

Writ Petition dismissed as withdrawn with liberty to file a civil suit.

K.Dharmaraj Vs The Inspector of Registration — Civil Procedure and Limitation | Madras HC (2020)

¶1

W.P. No. 1840 of 2020

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 29.01.2020

¶4

CORAM

¶5

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

¶6

W.P. No. 1840 of 2020
and
W.M.P. No. 2142 of 2020
K.Dharmaraj ... Petitioner
Vs.
1. The Inspector of Registration
100, Santhome High Road
Santhome, Chennai – 600 028.
2. The District Registrar
(Administration)
Coimbatore.
3. The Sub Regsitrar
Anaimalai.
4. Mohan Kumar
5. Kuppusamy
6. Dievanagayam ... Respondents

¶7

Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Respondents 1 and 2 to consider the Petitioner's Representation dated nil on merits within the time limit fixed by this Court.

¶8

1/4

¶9

http://www.judis.nic.in

¶10

W.P. No. 1840 of 2020

¶11

For Petitioner : Mr. A.Sriram For Respondents : Mr. M.Tamizharasan Special Government Pleader (For R1 to R3)

¶12

O R D E R

¶13

When it is pointed out by Mr. M.Tamizharasan, Learned Special

¶14

Government Pleader, who takes notice for the First to Third Respondents 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 -vsKrishnaswami 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 P. Rukumani -vs- Amudhavalli (Judgment dated 17.07.2019 in W.A. No. 229 of

¶15

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

¶16

an endorsement to that effect, which is recorded.

¶17

2/4

¶18

http://www.judis.nic.in

¶19

W.P. No. 1840 of 2020

¶20

Accordingly, the Writ Petition is dismissed as withdrawn granting such

¶21

liberty. No costs.

¶22

29.01.2020

¶23

Index : Yes/No Internet : Yes /No maya Note: Issue order copy by 06.02.2020.

¶24

To
1. The Inspector of Registration
100, Santhome High Road
Santhome, Chennai – 600 028.
2. The District Registrar
(Administration)
Coimbatore.
3. The Sub Regsitrar
Anaimalai.

¶25

3/4

¶26

http://www.judis.nic.in

¶27

W.P. No. 1840 of 2020

¶28

P.D. AUDIKESAVALU, J.

¶29

maya

¶30

W.P. No. 1840 of 2020
Dated : 31.01.2020

¶31

4/4

¶32

http://www.judis.nic.in

K.Dharmaraj v. The Inspector of Registration

Case brief

What is this about?

What did the court decide?

K.Dharmaraj v. The Inspector of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pushpalalitha Vs The Inspector of Police ( Law and Order)

G.Thamburaj, Vs The Joint Registrar of Co-operative Societies

P.Senthilkumar Vs The Director of Town Panchayats

K.R.Sriram Vs The District Collector

M.Subramaniyan Vs The Registrar (Housing)

S.Rm.M.Ct.M.Thiruppani Trust Vs The Executive Enginner