Madras High Court
Kalyankumar vs The Inspector General Of ... on 26 November, 2021
W.P.No.417 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. No.417 of 2021
and W.M.P.No.499 of 2021
Kalyankumar ... Petitioner
-Vs-
1. The Inspector General of Registration,
Santhome High Road,
Chennai – 28.
2. The District Registrar (Administration)
District Collectorate,
Villupuram.
3. The Sub Registrar,
Vikravandi,
Villupuram District.
4. Lakshmi Ammal.
5. Senthilkumar ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, to call for the
records of the third respondent pertaining to the impugned settlement deed
dated 16.11.2020 registered as document No.3561/2020 on the file of the SRO,
Vikravandi, executed by the fourth respondent in favour of the fifth respondent
and to quash the same and consequently, direct the third respondent to remove
the entry in encumbrance in respect of the settlement deed dated 16.11.2020
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Page 1 of 10
W.P.No.417 of 2021
registered as document No.3561/2020 on the file of the SRO, Vikravandi,
insofar as new natham S.No.313/8-200 sq.mtrs (old S.No.187/4-0.05 cents) at
Mundiyambakkam Village, Vikravandi Taluk.
For Petitioner : Mr.N.Suresh
For Respondents
For R1 to R3 : Mr.Yogesh Kannadasan
Government Advocate.
For R4 & R5 : Mr.V.Tamizhanban
ORDER
The Writ Petition has been filed to call for the records of the third
respondent pertaining to the impugned settlement deed dated 16.11.2020
registered as document No.3561/2020 on the file of the SRO, Vikravandi,
executed by the fourth respondent in favour of the fifth respondent and to
quash the same and consequently, direct the third respondent to remove the
entry in encumbrance in respect of the settlement deed dated 16.11.2020
registered as document No.3561/2020 on the file of the SRO, Vikravandi,
insofar as new natham S.No.313/8-200 sq.mtrs (old S.No.187/4-0.05 cents) at
Mundiyambakkam Village, Vikravandi Taluk.
2. The case of the petitioner is that the property comprised in
S.No.313/8 old S.No.187/4, ad measuring 200 sq.mtrs situated at
Mundiyambakkam Village, Vikravandi Taluk, originally belonged to the father
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W.P.No.417 of 2021
of the petitioner. However, the fourth respondent claims right over the said
property and attempted to intercept there on. Therefore after demise of his
father, the petitioner and his mother filed suit in O.S.No.230 of 1991 on the file
of the Principal District Munsif, Villupuram, for declaration and injunction in
respect of the said property along with other properties comprised in natham
S.No.313/8. The fourth respondent herein was the third defendant in the said
suit and she contested the said suit. The said suit was initially decreed in
respect of the first item of the property by the judgment decree dated
30.08.1993. However, the entire property was decreed by the judgment and
decree dated 17.04.1995 by the appellate Court in A.S.No.307 of 1994 on the
file of the Principal District Court, Villupuram and it is upheld by the Hon'ble
Supreme Court of India by an order dated 23.03.2015 in Special Leave to
Appeal (C).23245 of 2008.
3. Thereafter, the fourth respondent herein did not allow to
implement the decree. As such the petitioner filed petition in E.A.No.717 of
2007 in O.S.No.230 of 1991, seeking police aid to implement the order of
injunction. Though the petition was dismissed on 06.12.2007, the said order
was set aside by this Court in C.R.P.No.1 of 2008. Thereafter, the petitioner
was put in possession and he put up compound wall in and around the subject
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W.P.No.417 of 2021
property. Further the fourth respondent filed a review petition in Review
Application No.32 of 2008 as against the order passed in the Civil Revision
Petition and the same was also dismissed by this Court by an order dated
04.03.2008. In the mean time, patta was issued in favour of the petitioner's
mother in patta No.549. The said patta was challenged by the fourth
respondent before the Assistant Settlement Officer, Tiruvanamalai, and the
same was also dismissed on 18.09.1996. Aggrieved by the same the fourth
respondent filed revision before the District Revenue Officer and the same was
also dismissed by an order dated 31.03.1999 and it became final.
4. While being so, the petitioner's mother executed Settlement Deed
dated 30.06.2015 registered vide document No.2376 of 2015 on the file of the
third respondent in favour of the petitioner. While presenting the Settlement
Deed for registration, to prove the title over the property, the petitioner and his
mother produced all the judgments and decrees passed in their favour and also
the patta issued in the mother's name. All the documents were part and parcel
of the Settlement Deed. After execution of the settlement deed, the petitioner
was issued patta in Patta No.549 and thereafter, the petitioner is in possession
and enjoyment of the subject property.
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W.P.No.417 of 2021
5. On the other hand, the fourth respondent claimed title over the
property on the strength of the sale deed dated 07.11.1991 registered vide
document No.462 of 1991. However, the title was declared in favour of the
petitioner and his mother in the suit filed by them in O.S.No.230 of 1991.
Further the fourth respondent executed Settlement Deed in favour of the fifth
respondent on 16.11.2020 and presented the same before the third respondent
for registration and the same was also registered in document No.3561 of
2020. Therefore, the petitioner filed this Writ Petition, challenging the
impugned Settlement Deed dated 16.11.2020 and sought for a direction to the
third respondent to remove the entry in encumbrance in respect of the subject
property.
6. Heard Mr.N.Suresh, learned counsel appearing for the petitioner,
Mr.Yogesh Kannadasan, learned Government Advocate appearing for the
respondents 1 to 3 and Mr.V.Tamizhanban, learned counsel appearing for the
respondents 4 & 5.
7. While pending the Writ Petition, the petitioner lodged complaint
before the second respondent and on receipt of the same, the second
respondent, conducted detailed enquiry. The second respondent also called for
report from the third respondent.
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W.P.No.417 of 2021
8. On perusal of report reveals that on receipt of the settlement deed
executed by the fourth respondent in favour of the fifth respondent, the third
respondent verified the document and it was found that the fourth respondent
claimed the subject property together with bore well, electricity service
connection and claimed that the said property was purchased from one
S.Chockalingam by the sale deed dated 07.11.1997 registered vide document
No.462 of 1991. The said document was verified and found that the said
S.Chockalingam had purchased the said property from one R.Chandramoorthy,
under the sale deed dated 28.08.1986 registered vide document No.1787 of
1986. On verification of the said document, it was found that the said
R.Chandramoorthy had purchased the said property in public auction in
O.S.No.497 of 1979 on the file of the District Munsif Court, Villupuram in
E.P.No.193 of 1984. The said sale was confirmed, as per the sale certificate
dated 13.03.1985. On the basis of those documents, the third respondent
registered the settlement deed presented by the fourth respondent in favour of
the fifth respondent. Therefore, the third respondent has no other reason to
register the sale deed including the settlement deed executed in favour of the
petitioner by his mother in the year, 2015 registered vide document No.2376 of
2015.
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W.P.No.417 of 2021
9. On the basis of the said report, the second respondent passed
orders on 03.05.2021 and concluded that the sale deed registered vide
document No.462 of 1991 and the settlement deed executed by the petitioner's
mother vide document No.2376 of 2015 and the settlement deed executed by
the fourth respondent in favour of the fifth respondent vide document No.3561
of 2020 are wrongly registered and the same is against the circular issued by
the first respondent, and therefore, directed the third respondent to make entry
in the encumbrance in respect of the aforesaid documents.
10. It is also seen that the petitioner filed petition in E.A.No.717 of
2007 in O.S.No.230 of 1991 on the file of the District Munsif Court,
Vikkiravandi, seeking police aid to implement the decree of injunction granted
in O.S.No.230 of 1991 and the same was allowed. Aggrieved by the same the
fifth respondent herein preferred a Civil Revision Petition and the same is
pending in C.R.P.No.1931 of 2021. That apart, the fifth respondent also filed
suit in O.S.No.310 of 2021 on the file of the Sub Court, Villupuram and it is
pending for adjudication.
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W.P.No.417 of 2021
11. On perusal of the judgments and decrees passed in favour of the
petitioner's mother in O.S.No.230 of 1991 revealed that the petitioner's mother
had title over the property and on the strength of the same, she executed
settlement deed in favour of the petitioner. Even then, the fourth respondent
executed settlement deed in favour of the fifth respondent on the strength of the
sale deed dated 07.11.1991 registered vide document No.462 of 1991.
12. Therefore, the fourth respondent has no right or title over the
subject property to execute the settlement deed in favour of the fifth respondent
and it is non-est in the eye of law. Accordingly, the third respondent is directed
to make entry in encumbrance in respect of the subject property by removing
the entry of the settlement deed dated 16.11.2020 registered vide document
No.3560 of 2020.
13. With the above directions, this Writ Petition stands disposed of.
Consequently, connected miscellaneous petition is closed. There shall be no
order as to costs.
26.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.No.417 of 2021
To
1. The Inspector General of Registration,
Santhome High Road,
Chennai – 28.
2. The District Registrar (Administration)
District Collectorate,
Villupuram.
3. The Sub Registrar,
Vikravandi,
Villupuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.417 of 2021
G.K.ILANTHIRAIYAN, J.
rts
W.P. No.417 of 2021
and W.M.P.No.499 of 2021
26.11.2021
https://www.mhc.tn.gov.in/judis
