Madras High Court
Neduncheliyan vs The Inspector General Of ... on 28 October, 2022
W.P.(MD)No.24508 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2022
CORAM
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
Writ Petition (MD) No.24508 of 2022
Neduncheliyan ... Petitioner
Versus
1.The Inspector General of Registration,
No.100, Santhom High Road,
Chennai-28.
2.The District Registrar (Administration),
Trichy District, Trichy.
3.The Sub Registrar,
Thathayangarpettai, Musiri Taluk,
Thathayangarpettai, Musiri Taluk,
Trichy District.
4.Venkatesan ... Respondents
Prayer: Petition is filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to
consider the petitioner's representation dated 12.07.2022.
For Petitioner : Mr.K.Arunraj
For Respondents : Ms.S.Jayapriya (R1 to R3)
Government Advocate
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1/5
W.P.(MD)No.24508 of 2022
ORDER
This petition has been filed by the petitioner seeking for issuance of a
Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's
representation dated 12.07.2022.
2.By consent of both parties, this writ petition is taken up for final
disposal at the admission stage itself. Since no adverse order is going to be
passed against the fourth respondent, notice to him is dispensed with.
3.Heard the learned counsel appearing on either side.
4.It is the contention of the petitioner that the subject property is
Re.Survey No.190/2A measuring to an extent of 55 cents, Survey No.190/2B
measuring to an extent of 35 cents, Survey No.196/1 measuring to an extent of
30 cents, Survey No.196/2 measuring to an extent of 78 cents and Survey No.
196/3 measuring to an extent of 3 cents including the Well and Electricity
connection in No.391 situated at Pillathurai Village, Musiri Taluk, Trichy
District. The said property originally belonged to the petitioner vide sale deed
in Doc.No.970/1987, dated 26.10.1987. On 18.06.2001, a sale agreement
(registered Doc.No.610/2001) was made between the petitioner and the fourth
respondent, pursuant to which, the petitioner borrowed a sum of Rs.4,00,000/-
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W.P.(MD)No.24508 of 2022
as advance from the fourth respondent. As per the agreement, the balance
consideration of Rs.25,000/- shall be paid to the petitioner within a period of
six months from the date of sale agreement, failing which, the sale agreement
becomes invalid. The fourth respondent failed to pay the balance sale
consideration within the prescribed time. Hence, the petitioner asked the
fourth respondent to cancel the said sale agreement, but he did not come
forward. The petitioner is an aged person, due to which, he decided to settle
and make partition the subject property to his legal heirs. Hence, the petitioner
sent a notice to the fourth respondent on 29.07.2022 to submit any valid
objection regarding registration in respect of the said property and the same
was returned as 'no such person'. Thereafter, he approached the third
respondent for registration, but the third respondent rejected the same stating
that there is an encumbrance in the sale agreement. Hence, the registration
shall not be done. The petitioner explained that the sale agreement has
become invalid and also produced the all original and parent documents, but
the third respondent did not turn out. Hence, the petitioner is before this Court
by filing the above writ petition.
5.In the cases of this nature, this Court cannot straightaway issue any
positive direction to the authorities, since the facts involved in this case are
civil in nature. Hence, the petitioner has to approach the civil Court for getting
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W.P.(MD)No.24508 of 2022
appropriate remedy in this regard. Without the decree and judgment of the
civil Court, the third respondent is not in a position to cancel such sale
agreement and register the same in favour of the petitioner's legal heirs.
Accordingly, the Writ Petition is disposed of. No costs. The petitioner is
directed to approach the Civil Court for getting appropriate remedy.
28.10.2022
Index : Yes/No
Internet: Yes/No
Rmk
To
1.The Inspector General of Registration,
No.100, Santhom High Road,
Chennai-28.
2.The District Registrar (Administration),
Trichy District, Trichy.
3.The Sub Registrar,
Thathayangarpettai, Musiri Taluk,
Thathayangarpettai, Musiri Taluk,
Trichy District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24508 of 2022
V.BHAVANI SUBBAROYAN, J.
Rmk
Order made in
W.P.(MD) No.24508 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
