Madras High Court
Madhavan vs The District Registrar(Admn on 3 February, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
2025:MHC:336
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MS JUSTICE R.POORNIMA
W.A(MD)No.214 of 2025
and
CM.P(MD)No.1420 of 2025
Madhavan ... Appellant/Writ Petitioner
.Vs.
1.The District Registrar(Admn.,)
Tenkasi District,
Tenkasi.
2.T.Govindasamy ... Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
Court to set aside the order of this Court made in W.P(MD)No.27447 of 2024,
dated 18.11.2024.
For Appellant : Mr.M.Jerin Mathew
For Respondent-1 : Mr.R.Suresh Kumar
Addl.Govt.Pleader
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JUDGMENT
(Judgment of the Court was made by Dr.G.JAYACHANDRAN.,J)
This Writ Appeal is filed against the order passed by the learned Single
Judge of this Court made in W.P(MD)No.27447 of 2024, dated 18.11.2024.
2Mr.R.Suresh Kumar, learned Additional Government Pleader takes notice
for the first respondent. By consent of both parties, the Writ Appeal is taken up
for final disposal at the admission stage itself.
3.The appellant herein claimed title over the property based on inheritance
from his ancestors. However, the District Registrar, Tenkasi, on a complaint
declared the document in question as a fraudulent document and recommended
for criminal prosecution vide order, dated 30.5.2022 depriving the title of the
appellant in respect of a portion of the property situated in S.Nos.265/2 and 6.
Being aggrieved, the appellant has chosen to prefer an appeal before the Deputy
Inspector General of Registration and the appeal is pending. However, relying
upon the judgment of the learned Single Judge in another case, the appellant had
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preconcluded that the Deputy Inspector General of Registration has no power to
entertain the appeal and therefore, had approached the High Court by preferring
a Writ Petition in W.P(MD)No.27447 of 2024 challenging the order declaring the
document as fraudulent and recommending for Criminal prosecution passed by
the District Registrar, Tenkasi vide order, dated 30.01.2022.The learned Single
Judge of this Court having found that there cannot be a parallel proceedings one
before the appellate authority and another under Article 226 of the Constitution
of India, had disposed of the Writ Petition with the following observation:
‘’6.In view of the above, the appeal is pending before the
appellate authority. When the appeal is pending as against the
order passed by the first respondent, once again the Petitioner
cannot challenge the same order. Therefore, the Writ Petition
cannot be entertained when the appeal is pending before the
appellate authority..
7.In view of the above, the Deputy Inspector General of
Registration, Palayamkottai is directed to dispose of the appeal
filed by the Petitioner and pass orders on merits and in
accordance with law, after giving an opportunity of hearing to
the Petitioner, within a period of twelve weeks from the date of
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receipt of a copy of this order, if not already disposed of. No
costs. Consequently, connected Miscellaneous Petitions are
closed.’’
The said order is challenged by way of this Writ Appeal.
4.This Court, after hearing the counsel and perusing the records found that
the said observation of the learned Single Judge in W.P(MD)No.18691 of 2022,
dated 24.01.2023 will not provide any right to the appellant to approach two
different forums simultaneously on presumptions. This amounts to forum
shopping.
5.Hence, the Writ Appeal is dismissed. No costs. Consequently, connected
Miscellaneous Petition is closed. The order passed by the learned Single Judge in
W.P(MD)No.27447 of 2024, dated 18.11.2024 is confirmed. It is open to the
appellant to challenge the order to be passed by the Deputy Inspector General of
Registration, if so aggrieved, in the manner known to law.
[G.J.,J.] [R.P.,J.]
03.02.2025
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NCS : Yes/No
Index : Yes / No
Internet : Yes / No
vsn
To
The District Registrar(Admn.,)
Tenkasi District,
Tenkasi.
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DR.G.JAYACHANDRAN, J.
and
R.POORNIMA ,J.
vsn
JUDGMENT MADE IN
and
03.02.2025
https://www.mhc.tn.gov.in/judis
