Dismissed

Anbu, v. The Inspector General of Registration

Madras HC9 Jan 2020WP/434/2020

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking cancellation of a registration entry of a sale deed executed by his father-in-law. The court held the remedy lies in a civil suit under Section 31 of the Specific Relief Act, 1963, as established in Muppudathi Pillai. The writ petition was withdrawn with liberty to file a civil suit.

What did the court decide?

Petitioner granted liberty to withdraw the Writ Petition to institute a civil suit in the appropriate jurisdiction.

Anbu, Vs The Inspector General of Registration — Property and Title | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.01.2020

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CORAM

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

W.P. No. 434 of 2020

Anbu

Vs.

The Inspector General of Registration Santhome High Road

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Chennai – 600 004.

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The Sub Registrar

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K.V. Kuppam Sub Registrar Office

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Katpadi Taluk, Vellore District.

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Sambasivam

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Punitha ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Respondents to consider the representation of the Petitioner dated 20.11.2019 to cancel the entry of the Sale Deed dated 21.07.2010 executed by the Petitioner's father in law vide Doc. No. 2451 of 2010 on the file of the Second Respondent.

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For Petitioner : Mr. P.Chandrasekar

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For Respondents: Mr. T.M.Pappiah

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Special Government Pleader (Registration) For R1 & R2

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When it is pointed out by Mr. T.M.Pappiah, Learned Special Government Pleader, who takes notice for the First and Second 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 -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),

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

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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 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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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

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Sd/-
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
maya
To
1. The Inspector General of Registration
Santhome High Road
Chennai – 600 004.
2. The Sub Registrar
K.V. Kuppam Sub Registrar Office
Katpadi Taluk, Vellore District.
+1cc to Mr.P.Chandrasekaran, Advocate, S.R.No.2684
+1cc to the Government Pleader, S.R.No. 3211
W.P. No. 434 of 2020
MR(CO)
GN(24/01/2020)

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

Anbu, v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

Anbu, v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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Coram

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