Madras High Court
Pyarijan Ghori vs The Inspector ... on 29 April, 2021
W.P.(MD).No.4074 of 20131
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.4074 of 2013
and
M.P.(MD).No.2 of 2013
1.PyariJan Ghori
2.Jamesha Hussaina
3.Akthar Fathima
4.Ismail Ghori ... Petitioners
Vs.
1.The Inspector General(Registration),
Government of Tamil Nadu,
No.120, Santhome High Road,
Chennai.
2.The District Registrar,
Virudhunagar Town & District.
3.The Sub-Registrar,
Rajapalayam Town,
Virudhunagar District.
4.Murugesan
5.Subbaraja ... Respondents
https://www.mhc.tn.gov.in/judis/
1/6
W.P.(MD).No.4074 of 20132
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, for the issuance of Writ of Mandamus, directing the respondents 1
to 3 to delete the entries of under-mentioned documents from the file of
District Registrar (namely 2nd respondent) and Sub Registrar (namely 3rd
respondent), as the documents are non-est in law with regard to the
properties bearing S.No.272/1B, with an extent of 1 Acre 92 Cents and
bearing S.No.272/1A, with an extent of 97 Cents situate in
Sammanathapuram Village, Rajapalayam Sub-Registrar's range and
Virudhunagar District and for consequential reliefs.
Details of Documents:
01. 19.10.1984 Registered Deed of Settlement Document No.2617 of 1984
on the file of 3rd Respondent.
02. 20.03.1991 Registered Sale Deed executed by M.Sharbudeen,
S/o.Musthafa Rawther, in favour of A.Murugesan,
S/o.Ayyanaar Pillai. Document No.588 of 1991.
03. 22.09.1997 Registered Sale Deed executed by A.Murugesan,
S/o.Ayyanaar Pillai in favour of Subbaraja,
S/o.Deivanthraraja. Document No.2650 of 1997.
For Petitioner : Mr.S.Ramesh
For Respondents 1 to 3 : Mr.K.P.Narayanakumar
Special Government Pleader
ORDER
This writ petition has been filed for the issue of writ of mandamus,
directing the respondents 1 to 3 to delete the entries made in the records
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W.P.(MD).No.4074 of 20133
with respect to the subject properties for the transactions that had taken
place in the year 1984, 1991 and 1997.
2. Heard Mr.S.Ramesh, learned counsel appearing on behalf of the
petitioner and Mr.K.P.Narayanakumar, learned Special Government
Pleader appearing on behalf of the respondents 1 to 3.
3. The main issue that has been taken up in the present case is that
by virtue of a common judgment dated 24.04.2003 passed in O.S.No.248
of 1997 and O.S.No.166 of 1999, on the file of the Sub Court,
Srivilliputhur, the right over the properties has been substantially
determined by the Civil Court and hence the earlier entries that were
made while registering the documents in the year 1984, 1991 and 1997
could be deleted.
4. In the considered view of this Court, the respondents are not
vested with any power to delete the entries which have already been
made in the records. Therefore, it will be more appropriate, if the decree
passed in O.S.No.248 of 1997 and O.S.No.166 of 1999 is registered
before the third respondent. Once the decree is registered, the earlier
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W.P.(MD).No.4074 of 20134
entries that were made at the time of registering the documents will get
automatically reversed. Therefore, liberty is granted to the petitioners to
take steps to register the decree passed in O.S.No.248 of 1997 and
O.S.No.166 of 1999. It is made clear that the third respondent will not
refuse to register the decree on the ground of limitation since this Court
has repeatedly held that the period of limitation provided under the Act is
only directory and not mandatory. Useful reference can be made to the
judgment of this Court in the case of Sarvothaman vs. Sub-Registrar,
Oulgaret, Pondicherry, reported in 2019 (2) CWC 314.
5. In view of the above, liberty is granted to the petitioners to get
the decree registered before the third respondent.
6. This writ petition is disposed of accordingly. No Costs.
Consequently, connected miscellaneous petition is closed.
29.04.2021
PJL
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented
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W.P.(MD).No.4074 of 20135
is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The Inspector General(Registration),
Government of Tamil Nadu,
No.120, Santhome High Road,
Chennai.
2.The District Registrar,
Virudhunagar Town & District.
3.The Sub-Registrar,
Rajapalayam Town,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.4074 of 20136
N.ANAND VENKATESH.J.,
PJL
W.P.(MD).No.4074 of 2013
29.04.2021
https://www.mhc.tn.gov.in/judis/
