Madras High Court
Durai Selva Leena vs The District Registrar on 23 September, 2021
W.P(MD)No.17093 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P(MD)No.17093 of 2021
Durai Selva Leena ... Petitioner
Vs.
The District Registrar,
Kanyakumari District. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus directing the respondent to
conduct an enquiry on the petitioner's representation dated 23.08.2021 and take
further action on the petitioner's representation.
For Petitioner : Mr.D.Saravanan
For Respondent : Mr.K.S.Selva Ganesan,
Counsel for State.
ORDER
The petitioner seeks a direction to the respondent to conduct an
inquiry on the basis of her representation dated 23.08.2021.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17093 of 2021
2. The petitioner states that she was married to one Dr.Vineeth.
On account of the alleged illicit relationship of her husband with another
woman, the spouses separated. Her husband executed two settlement deeds in
her favour on 30.09.2014 and 02.05.2015, which were registered as Document
Nos.2907/2014 and 387/2015.
3. Subsequently, the petitioner states that her husband unlawfully
cancelled the said settlement deeds. Therefore, the petitioner filed a suit in
O.S.No.331 of 2015 before the Principal District Munsif Court, Nagercoil.
Such suit was decreed on 30.07.2019. By such judgment and decree, the deeds
of cancellation of the settlement deeds in favour of the petitioner were declared
to be illegal, null and void and not binding on the petitioner herein. In addition,
the defendant was restraining from encumbering the relevant property and
disturbing the plaintiff's possession thereof.
4. Pursuant thereto, the petitioner submitted a representation dated
23.08.2021 to the respondent and seeks action on such basis.
5. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts
notice on behalf of the sole respondent. He submits that the respondent may be
directed to consider the petitioner's representation and dispose of the same on
https://www.mhc.tn.gov.in/judis/
merits.
W.P(MD)No.17093 of 2021
6. The petitioner has enclosed a copy of the judgment and decree
in O.S.No.331 of 2015. As contended by the petitioner, by such judgment and
decree, the deeds of cancellation of the settlement deeds dated 30.09.2014 and
02.05.2015, respectively, were declared to be illegal, null and void by the civil
court. However, it should be noted that the petitioner's husband appears to have
filed an appeal against the said judgment and decree before the Hon'ble
Sub Court, Nagercoil. While it is stated that such appeal was dismissed, the
petitioner has not enclosed a copy of the order of the appellate court. This
aspect should be considered by the respondent in course of inquiry. Needless to
say, the respondent should provide a reasonable opportunity to the petitioner's
husband and to the parties to documents relating to the relevant property which
may have been executed by the petitioner's husband.
7. Subject to the above observations but without entering findings
on the merits of the dispute, the respondent is directed to consider the
petitioner's representation dated 23.08.2021 and conduct an inquiry on such
basis after providing a reasonable opportunity to the petitioner, her husband and
to the parties to the conveyances registered in relation to the relevant
properties. Such inquiry shall be concluded within a period of three (3) months
from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17093 of 2021
8. Accordingly, W.P.(MD)No.17093 of 2021 is disposed of on
these terms without any order as to costs.
23.09.2021
Index : Yes / No
Internet : Yes/ No
tsg/nsr
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 is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
The District Registrar,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.17093 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
tsg/nsr
W.P(MD)No.17093 of 2021
23.09.2021
https://www.mhc.tn.gov.in/judis/
