Madras High Court
Stephen vs The Inspector General Of ... on 24 February, 2021
W.M.P.(MD)No.2954 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 24.02.2021
CORAM
THE HON'BLE MR.JUSTICE V.PARTHIBAN
W.M.P.(MD)No.2954 of 2021
and
W.P.(MD) SR No.9594 of 2021
1.Stephen
2.Balasubramani
3.Antony Benito
4.R.Boopathy
5.S.JanMadlinShiyama ... Petitioners
-vs-
1.The Inspector General of Registration,
100, Santhome High Road,
Mullai Nagar,
Chennai – 600 020.
2.The District Registrar,
Kanyakumari District,
Kanyakumari.
3.The Sub Registrar,
Kottaram Sub Registrar Office,
Kottaram,
Kanyakumari District.
4.The Inspector of Police,
District Crime Branch,
Nagercoil,
Kanyakumari District.
(FIR in Crime No.53/2015)
1/6
http://www.judis.nic.in
W.M.P.(MD)No.2954 of 2021
5.S.Meenatchi
6.S.Kala
7.S.Singhal ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying
to permit the petitioner to file single Writ Petition under Rule 2B of
Original Side Rules.
W.P.(MD) SR No.9594 of 2021
1.Stephen
2.Balasubramani
3.Antony Benito
4.R.Boopathy
5.S.JanMadlinShiyama ... Petitioners
-vs-
1.The Inspector General of Registration,
100, Santhome High Road,
Mullai Nagar,
Chennai – 600 020.
2.The District Registrar,
Kanyakumari District,
Kanyakumari.
3.The Sub Registrar,
Kottaram Sub Registrar Office,
Kottaram,
Kanyakumari District.
4.The Inspector of Police,
District Crime Branch,
Nagercoil,
Kanyakumari District.
(FIR in Crime No.53/2015)
2/6
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W.M.P.(MD)No.2954 of 2021
5.S.Meenatchi
6.S.Kala
7.S.Singhal ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus directing the third respondent to remove the
encumbrance from book I to V in respect of the impugned General Power of
Attorney in Doc.No.2519/2016, dated 10.08.2016 executed by and between
the respondents 5 to 7 and to remove the entry from the encumbrance book I
to V with regard to New Survey No.545/5 (Old Survey No.5967) measuring
an extent of 11.3/8 cents, Agastheeswaram Village, Kanyakumari
Municipality, Agastheeswaram Taluk, Kottaram Sub District, Kanyakumari
Registration District, Kanyakumari District, n the basis of the Judgement
and Decree in Civil Suit in O.S.No.8 of 2017 dated 15.10.2019 on the file of
the I Additional District Munsif Court, Nagercoil, as well as the “Action
Drop Report” in FIR in Crime No.53 of 2015, dated 11.08.2015 filed by the
fourth respondent police.
For Petitioner : Mr.P.M.Vishnuvarthanan
***
ORDER
According to these petitioners, there was a dispute between them on
one side and on the private respondents on the other in regard to the subject
property. There were criminal as well as civil proceedings and finally,
culminated in a compromise deed dated 05.09.2019 on the basis of which
the respondents 5 to 7 withdrew the suit filed by them in O.S.No.8 of 2017
which was initiated against the interests of the petitioners.
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W.M.P.(MD)No.2954 of 2021
2.According to these petitioners that by way of compromise deed, all
issues that came to be settled out of Court and the judgment and decree was
also passed on 15.10.2019 in terms of the compromise. The grievance of
the petitioners herein is that despite the compromise decree, the respondents
5 to 7 have not come forward to cancel the General Power of Attorney deed
dated 10.08.2016 as part of the compromise conditions. The action of the
respondents 5 to 7 in not coming forward to cancel the power of attorney
amounted to going back on their compromise and against judgment and
decree of the Civil Court and in that circumstances, this Writ Petition has
been filed seeking direction to remove the entry of encumbrance in the
revenue records maintained by the officials concerned and also close the
FIR.
3.This Court is not unable to comprehend as to how such Writ
Petition could be conceived in the first place and maintained before this
Court. The entire dispute appears to be a fall out of the earlier compromise
judgment and decree of the Civil Court and in case, is there any violation on
the part of the respondents 5 to 7 in complying with the judgment and
decree of the Civil Court which is entirely within the right of the petitioners
http://www.judis.nic.in
W.M.P.(MD)No.2954 of 2021
to work out their remedies in a manner known to law but it is certainly not
open to these petitioners to convert the Constitutional jurisdiction of this
Court into a Execution Court of a Civil Court decree.
4.This Court is clearly of the view that in the matters like this, the
Writ jurisdiction cannot be invoked so casually and so recklessly when
there are avenues open to them providing remedies in such matters
elsewhere. Even otherwise, the present attempt to get direction from this
Court amounted to belittling the Constitutional status of this Court into one
of a executing Court of a Civil Court decree, such attempt must be
deprecated and rejected.
5.Therefore, the Writ Miscellaneous Petition is dismissed.
Consequently, connected W.P.(MD) SR No.9594 of 2021 is rejected at the
SR stage itself. No costs.
24.02.2021
Internet : Yes/No
Index : Yes/No
SRM
http://www.judis.nic.in
W.M.P.(MD)No.2954 of 2021
V.PARTHIBAN.J.,
SRM
To
1.The Inspector General of Registration,
100, Santhome High Road,
Mullai Nagar,
Chennai – 600 020.
2.The District Registrar,
Kanyakumari District,
Kanyakumari.
3.The Sub Registrar,
Kottaram Sub Registrar Office,
Kottaram,
Kanyakumari District.
4.The Inspector of Police,
District Crime Branch,
Nagercoil,
Kanyakumari District.
W.M.P.(MD)No.2954 of 2021
and
W.P.(MD) SR No.9594 of 2021
24.02.2021
http://www.judis.nic.in
