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Madras High Court

M/S. Lutheran School-Home For vs The District Registrar on 4 August, 2023

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

    2023:MHC:3764

                                                                                  W.P.No.22990 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 04.08.2023

                                                       CORAM

                           THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                W.P.No.22990 of 2023

                     M/s. Lutheran School-Home for
                     Deaf and Deaf Blind Trust of
                     India Evangelical Lutheran Church Vellore
                     And India Evangelical Church Trust Association
                     Represented by its Director A.Vijayakumar
                     Christ Lutheran
                     Church Campus
                     New Bye pass Road
                     Vellore – 632 004.                                       ... Petitioner

                                                          Vs.

                     The District Registrar
                     Department of Registration
                     Veppamara Street
                     Velapadi
                     Vellore – 632 001.                                       ... Respondent



                     Prayer: Writ Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Mandamus, directing the respondent to dispose of
                     petitioner's complaint dated 07.03.2023 based on his representation dated
                     17.06.2023.




                     Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.22990 of 2023



                                        For Petitioner           : Mr.T.Saravanan

                                        For Respondent           : Mr.C.Jayaprakash
                                                                   Government Advocate




                                                            ORDER

Admittedly, there was an exchange of property between the petitioner and other person. Such exchange of property, if resulted in a dispute cannot be construed as a fraud within the ambit of the Registration Act, but may be a fraud in common parlance.

2. Thus, the petitioner has to redress his grievances either before the Civil Court of Law or by approaching the Criminal Court of Law as the case may be. However, the District Registrar cannot entertain such dispute of civil nature and he cannot exceed his powers, which is otherwise conferred under the Registration Act. Thus, the petitioner is at liberty to approach the Competent Court of law for the purpose of redressal of his grievances.

https://www.mhc.tn.gov.in/judis  W.P.No.22990 of 2023

3. Accordingly, this Writ Petition stands dismissed. No costs.

04.08.2023 Jeni Index : Yes Speaking order Neutral Citation : Yes To The District Registrar Department of Registration Veppamara Street Velapadi Vellore – 632 001.

https://www.mhc.tn.gov.in/judis  W.P.No.22990 of 2023 S.M.SUBRAMANIAM, J.

Jeni W.P.No.22990 of 2023 04.08.2023 Page 4 of 4 https://www.mhc.tn.gov.in/judis