Madras High Court
R.V.Mahesh vs The District Registrar on 29 April, 2021
W.A.No.3592 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.A.No.3592 of 2019
R.V.Mahesh ..Appellant
Vs
1.The District Registrar,
O/o. District Registrar,
No.3, Vignesh Complex, 1st Floor,
East Tiruppur, Postal Colony,
Sivan Theatre Opposite,
Tiruppur - 641 607.
2.Dinesh
3.Gopalakrishnan ..Respondents
Prayer: Appeal filed under 15 of Letters Patent against the order
dated 06.02.2017 made in W.P.No.2829 of 2017.
For Appellant : Mr.S.Saravanan
For Respondents : Mr.T.M.Pappiah,
Special Government Pleader
for R1
Mr.N.Balakrishnan
for R2 and R3
https://www.mhc.tn.gov.in/judis/
Page 1 of 5
W.A.No.3592 of 2019
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
The appellant is the petitioner before the learned Single
Judge. He filed a writ petition seeking a direction to the first
respondent to conduct an enquiry regarding the alleged fake sale
deeds executed way back in the year 2006. The learned Single
Judge dismissed the petition with costs.
2. On the earlier occasion, he approached this Court by
way of writ petition in W.P.No.33000 of 2016 which was disposed of
inter alia holding that it may be open to the appellant to either
approach the competent Civil Court or to approach the District
Registrar. As no order was passed by the District Registrar, the
appellant once again filed a writ petition which was dismissed and
thus the present appeal.
3. Learned counsel appearing for the appellant submitted
that the order of the learned Single Judge cannot be sustained as
the present proceedings was initiated on the failure of the first
respondent to take appropriate action.
https://www.mhc.tn.gov.in/judis/
W.A.No.3592 of 2019
4. We have perused the relevant records including the
representation dated 02.12.2016 based on which the appellant
seeks action.
5. On a perusal of the aforesaid representation, it is clear
that the appellant did sign certain papers. Secondly, he claims title
to a property stood in the name of his sister's son by name Balaji.
This was done in the year 2006. The appellant seeks to cancel the
aforesaid two documents by filing writ petition in the year 2017
after the disposal of the earlier one dated 20.07.2006 by filing
subsequent writ petitions.
6. We do not find any merit in this appeal. Even according
to the appellant, one of the properties was given to him and his wife
by way of both sale deed and settlements. He did sign the relevant
papers which according to him were obtained by force. By way of
other document, the property was transferred in the name of the
third respondent from that of his own sister's son. Even this
property, the appellant claims to be that of his own.
https://www.mhc.tn.gov.in/judis/
W.A.No.3592 of 2019
7. Thus, these matters cannot be agitated upon and
adjudicated before the first respondent, which is not a Civil Court to
go into the disputed questions of fact.
8. Accordingly, we do find no merit in this writ appeal and
the same is dismissed. No costs.
(M.M.S., J.) (R.N.M., J.)
29.04.2021
Internet : Yes/No
ssm
To
The District Registrar,
O/o. District Registrar,
No.3, Vignesh Complex, 1st Floor,
East Tiruppur, Postal Colony,
Sivan Theatre Opposite,
Tiruppur - 641 607.
https://www.mhc.tn.gov.in/judis/
W.A.No.3592 of 2019
M.M.SUNDRESH,J.
and
R.N.MANJULA,J.
(ssm)
W.A.No.3592 of 2019
29.04.2021
https://www.mhc.tn.gov.in/judis/
