Madras High Court
R.Paramasivam vs The Inspector General Of Registration on 4 September, 2020
Author: V.Parthiban
Bench: V.Parthiban
WP No.11834 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.09.2020
CORAM:
THE HON'BLE MR. JUSTICE V.PARTHIBAN
WP No.11834 of 2020
R.Paramasivam .. Petitioner
Vs
1. The Inspector General of Registration,
Registration Department,
No.100, Santhome High Road,
Pattinapakkam, Chennai.
2. The District Registrar,
Salem East Registrar Office,
Ramasundaram Street, Singamethai,
Salem District.
3. Arumugam
Presently Sub-Registrar,
Thalaivasal Sub-registrar Office,
Thalaivasal Post, Attur Taluk,
Salem District. .. Respondents
PRAYER: This Writ Petition is filed under Article 226 of the Constitution
of India, praying for issuance of Writ of Mandamus, directing 1 and 2
respondents herein to act upon the petitioner representation dated
05.11.2019 and initiate appropriate departmental action against 3rd
respondent in light of the order passed by this Hon'ble Court order
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WP No.11834 of 2020
09.09.2016 made in WP No.19566 of 2015 within a time frame as may be
fixed by this Hon'ble Court.
For Petitioner : Mr.A.Rajakumar
For Respondents : Mr.T.M.Pappaiah,
Spl. Government Pleader
ORDER
This matter is taken up today, through Web hearing.
2. The writ petition has been filed seeking for the following prayer:
“for issuance of Writ of Mandamus, directing 1 and 2 respondents herein to act upon the petitioner representation dated 05.11.2019 and initiate appropriate departmental action against 3rd respondent in light of the order passed by this Hon'ble Court order 09.09.2016 made in WP No.19566 of 2015 within a time frame as may be fixed by this Hon'ble Court.”
3. The case of the petitioner is that he had entered into a registered Sale Agreement dated 17.08.2015, in respect of a piece of land situated at Thalaivasal Village, Attur Taluk, Salem District, belonging to one Murugesan. According to him, later on he came to know that in WP No.19566 of 2015, this Court has directed the Registering authority not to register any Sale Deed in respect of any unapproved plots, layouts, http://www.judis.nic.in 2/6 WP No.11834 of 2020 flats/buildings. This Court has also directed the Inspector General of Registration to circulate the direction of this Court to all the Registering authorities concerned.
4. According to the petitioner that without following the mandatory direction issued by this Court the 3rd respondent has registered a Sale Deed dated 28.08.2018 in pursuance of the Sale Agreement entered into by the petitioner.
5. In the above said circumstances, the petitioner appears to have submitted a representation on 05.11.2019 for taking action against the 3rd respondent for illegally registering an instrument against the direction of this Court and since, no action was taken on his representation, he is before this Court seeking for an issuance of a writ of mandamus.
6. This Court is unable to appreciate as to how the petitioner could involve this Court in obtaining such direction to the respondents 1 and 2 to initiate departmental against the 3rd respondent in discharging of his official duties. In case the 3rd respondent is found to be violating any direction of this Court, it is always open to the Government to take note of such act on http://www.judis.nic.in 3/6 WP No.11834 of 2020 the part of the 3rd respondent and take measures as the Government deems fit, but, certainly, it is not open to this Court to issue a direction only based on the self serving averments of the petitioner.
7. The prerogative writ of mandamus is not available for issuing this kind of directions in order to promote personal agenda or settle personal scores of the petitioner as against the 3rd respondent. It is entirely open to the petitioner to seek appropriate remedies in case, he has suffered any infringement due to wrong registration on the hands of the 3rd respondent and it is certainly not open to him to invoke the extraordinary remedy of this Court under Article 226 of the Constitution of India, for the said purpose.
8. Therefore, the Writ Petition is dismissed. No Costs.
04.09.2020 Speaking/Non-speaking order Index: Yes/No Internet: Yes ars http://www.judis.nic.in 4/6 WP No.11834 of 2020 To
1. The Inspector General of Registration, Registration Department, No.100, Santhome High Road, Pattinapakkam, Chennai.
2. The District Registrar, Salem East Registrar Office, Ramasundaram Street, Singamethai, Salem District.
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