Madras High Court
Sarathambal @ Saratha vs The Inspector General Of ... on 5 August, 2022
W.P.No. 19710 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No. 19710 of 2022
and
WMP.No. 19030 of 2022
1.Sarathambal @ Saratha
2.G. Balasubramani
3.S.L.Mohanraj ... Petitioners
Versus
1. The Inspector General of Registration,
Office of the Inspector General of Registration
Santhome, Chennai.
2. The District Registrar
District Registrar Office
Tiruppur.
3. The Sub Registrar
Sub Registrar Office
Dharapuram.
4. Kannammal
5. Sundaram
6. Karunaiprakasam ... Respondents
1/4
https://www.mhc.tn.gov.in/judis
W.P.No. 19710 of 2022
Writ Petition is filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, to direct the third respondent to
consider the objection made by the petitioners dated 01.03.2022 and
22.03.2022.
For Petitioners : Mr.OM Prakash, Senior Counsel
For Mr.M.Guruprasad.
For RR 1 to 3 : Mr.Silambanan
Additional Advocate General
assisted by
Mr.Yogesh Kannadasan
Special Government Pleader
---
ORDER
This writ petition is filed seeking for issuance of a Writ of
Mandamus to direct the third respondent to consider the objection made
by the petitioners, dated 01.03.2022 and 22.03.2022.
2. The case of the petitioner is that the property in Patta No.7
and Old T.S.No.691, New T.S.No.2 in Old S.F.No.58 in Punjai acre 2.10
3/4 and T.S.No.15 in 1.41 acre and Patta No.132, T.S.No.10 in Old
S.No.177 in Punjai acre 2.13 1/2 at Chitravathanpalayam, Dharapuram
https://www.mhc.tn.gov.in/judis
W.P.No. 19710 of 2022
Town, Tiruppur District, and the same was originally belonged to the first
petitioner's paternal grandfather, namely, late Nachimuthu Asari. The first
petitioner's grandfather had executed a Will dated 06.07.1970 in favour of
her brothers, namely, Natrayan and Dhandapani. Thereafter, the minor
sons of the aforesaid Natrayan, Muthu Ganesh had filed a suit in
O.S.No.92 of 1987 on the file of Sub Court, Dharapuram, for partition and
the same was decreed on 23.12.1993. After the demise of her grandfather,
her aunt Parvatham had instituted a suit in O.S.No. 428 of 1970 for
partition before the Subordinate Judge, Erode, against her family members
and the same was dismissed on 17.07.1974. It is submitted that the first
petitioner herein executed a Power of Attorney, dated 15.07.2016 to the
second petitioner herein before the Sub Registrar Office, Moolanur by way
of registered Doc.No.1128 of 2016 to sell the property. After executing
the Power of Attorney, her brother's son, namely, Muthu Ganesan filed a
suit in O.S.No. 207 of 2016 for declaration and permanent injunction
before the District Munsif Court, Dharapuram and the same is pending for
further adjudication. Based on the Power of Attorney, the second
petitioner sold the properties by way of various sale deeds. While so, the
legal heirs of the said Parvatham had began to claim share in the subject
https://www.mhc.tn.gov.in/judis
W.P.No. 19710 of 2022
properties thereby attempting to sell the properties to certain third parties
by suppressing the suit in O.S.No.428 of 1970 by judgment dated
17.07.1974. The legal heirs of the said Parvatham had executed two
Power of Attorneys to her property and the same was placed before the
third respondent/Sub Registrar to register the same. Thereafter, the second
petitioner herein made an objection dated 01.03.2022 and 22.03.2022
before the third respondent to safeguard her right and title over the subject
properties, the third respondent refused the said two Power of Attorneys
on the ground that the parent document was not annexed along with the
power deed which was presented for registration. Aggrieved by the same,
the petitioners have come forward with the present writ petition.
3. Heard the learned counsel appearing for the petitioners as
well as the learned Additional Advocate General, assisted by the learned
Special Government Pleader appearing for the respondent and perused the
materials available on record.
https://www.mhc.tn.gov.in/judis
W.P.No. 19710 of 2022
4. Having regard to the limited scope of the prayer, this Court is
inclined to pass the following order:-
The third respondent/Sub Registrar, is hereby directed to dispose of
the objection dated 01.03.2022 and 22.03.2022 submitted by the
petitioners herein and to pass appropriate orders, on merits and in
accordance with law, after issuing notice to the aggrieved parties, within a
period of twelve weeks from the date of receipt of a copy of this order.
5. This writ petition is disposed of with the above direction. No
costs. Consequently, connected Miscellaneous Petition is closed.
05.08.2022
msm
To
1. The Inspector General of Registration,
Office of the Inspector General of Registration
Santhome, Chennai.
2. The District Registrar
District Registrar Office, Tiruppur.
3. The Sub Registrar
Sub Registrar Office, Dharapuram.
https://www.mhc.tn.gov.in/judis
W.P.No. 19710 of 2022
M.DHANDAPANI, J.
msm
W.P.No. 19710 of 2022
and
WMP.No. 19030 of 2022
05.08.2022
https://www.mhc.tn.gov.in/judis
