Madras High Court
Shofia vs The Inspector General Of ... on 15 April, 2021
W.P.(MD)No.7806 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.04.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.7806 of 2021
and W.M.P.(MD)No.5944 of 2021
Shofia .. Petitioner
Vs.
1.The Inspector General of Registration,
Department of Registration,
Santhome High Road,
Mullima Nagar, Manda Velipakkam,
Rajaannamalaipuram,
Chennai 28.
2.The District Registrar,
Department of Registration,
Trichy District.
3.The Sub-Registrar,
Department of Registration,
Lalkudi Sub-Registrar Office,
Trichy District.
4.Joseph
5.T.Balamurugan .. Respondents
1/6
http://www.judis.nic.in
W.P.(MD)No.7806 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the third respondent not to
register the document in Survey No.152/4A, New Survey No.152/4B at
Ariyur Village, Lalkudi Taluk, Trichy District and consider the petitioner's
representation dated 15.02.2021.
For Petitioner : Mr.P.Muthusamy
For Respondents : Mr.K.Sathyasingh,
Addl. Govt. Pleader for R1 to R3
*****
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus
directing the third respondent not to register any document that is presented
for registration with respect to the subject property.
2. The case of the petitioner is that the mother of the petitioner filed a
suit in O.S.No.744 of 1991 for recovery of money from the fourth
respondent. This suit is said to have been decreed by a judgment and
decree dated 29.01.1992.
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W.P.(MD)No.7806 of 2021
3. The property belonging to the fourth respondent was attached and
it was brought for sale and a sale deed was also executed in favour of the
mother of the petitioner by the Court on 19.08.1993. Thereafter, the
revenue records also were transferred in the name of the mother of the
petitioner.
4. The further case of the petitioner is that her mother died on
27.03.2017, leaving behind the petitioner, her sister, her brother and her
father.
5. The grievance of the petitioner is that the fourth respondent is
making attempts to deal with the property without any right and he went to
the extent of executing a sale deed and presented the same for registration
before the third respondent on 27.01.2021 and the same was also registered.
The purchaser is said to have illegally entered into the property and
threatened the petitioner and her family members based on the sale deed.
The petitioner therefore, gave a protest petition before the third respondent
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W.P.(MD)No.7806 of 2021
on 13.01.2021, followed by a representation dated 15.02.2021, and
requested the third respondent not to register any document pertaining to
the subject property. The grievance of the petitioner is that this protest
petition was not considered by the third respondent and left with no other
alternative, the present Writ Petition has been filed before this Court.
6. Heard Mr.P.Muthusamy, learned counsel appearing on behalf of
the petitioner and Mr.K.Sathyasingh, learned Additional Government
Pleader appearing on behalf of the respondents 1 to 3.
7. Taking into consideration the facts and circumstances of the case
and the limited relief sought for in this Writ Petition, there shall be a
direction to the third respondent to consider the protest petition filed by the
petitioner as and when any document is presented for registration by
respondents 4 and 5 or any one representing or claiming under them.
Without considering the protest petition made by the petitioner, no
document shall be registered by the third respondent with respect to the
subject property.
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W.P.(MD)No.7806 of 2021
8. The petitioner is directed to make a fresh representation to the
third respondent along with a copy of this order.
9. This Writ Petition is disposed of with the above direction. No
costs. Consequently, connected miscellaneous petition is closed.
15.04.2021
Index : Yes / No
Internet : Yes / No
vsm
In view of the present lock down owing to COVID-19
Note : pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the Advocate / litigant concerned.
To
1.The Inspector General of Registration,
Department of Registration,
Santhome High Road,
Mullima Nagar, Manda Velipakkam,
Rajaannamalaipuram,
Chennai 28.
2.The District Registrar,
Department of Registration,
Trichy District.
http://www.judis.nic.in
W.P.(MD)No.7806 of 2021
3.The Sub-Registrar,
Department of Registration,
Lalkudi Sub-Registrar Office,
Trichy District.
N.ANAND VENKATESH, J.
vsm
W.P.(MD)No.7806 of 2021
and W.M.P.(MD)No.5944 of 2021
15.04.2021
http://www.judis.nic.in
