Citation : 2023 Latest Caselaw 760 Mad
Judgement Date : 19 January, 2023
W.P.(MD)No.12952 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :19.01.2023
CORAM
THE HONOURABLE MR.JUSTICE K. KUMARESH BABU
W.P.(MD)No.12952 of 2016
and
W.M.P.(MD).Nos.9756 & 9757 of 2016
M.Muthukaruppan ... Petitioner
Vs.
1.The Inspector General of Registration,
No.100, Santhome High Road,
Pattinampakkam, Chennai.
2.The District Registrar,
Muthurani Muduku Lane,
Karaikudi,
Sivagangai District.
3.The Sub Registrar,
Sivagangai Raja Road,
Ramnagar,
Devakottai.
Sivagangai District.
4.The District Registrar,
102, State Bank Road,
Gopalapuram, Coimbatore.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.12952 of 2016
5.The Sub Registrar,
No.4, Sangoor Main Road,
Gandhipuram, Coimbatore.
6.Vellaisamy
7.Srinivasan ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus calling for the
records relating to the impugned order passed by the 2nd respondent in
Na.Ka.No.2873/A1/2015, dated 18.01.2016 and quash the same as illegal
and consequently direct the 2nd respondent to cancel the registration of the
sale deeds within a time limit.
For Petitioner :Mr.A.L.Kannan
For Respondents :Mr.M.Ramesh
Government Advocate for R1 to R5
:Mr.S.Madhavan for R6
:Mr.T.V.Srinivasa Raghavan for R7
ORDER
This writ petition has been preferred challenging the order of the
2nd respondent herein, rejecting the request of the petitioner to cancel the
registered document bearing document No.613 of 2015 dated 27.02.2015.
https://www.mhc.tn.gov.in/judis W.P.(MD)No.12952 of 2016
2. It is brought to the notice of this Court that the petitioner had
earlier preferred a suit in O.S.No.104 of 2015, seeking for a declaration to
declare the aforesaid sale deed as null and void. The said suit seems to have
been dismissed by a judgment and decree of the District Munsif Court,
Devakottai, as against which, an appeal suit has also been preferred. The
said fact has also not been disputed by the counsel appearing on behalf of
the private parties.
3. When that being the fact, no further adjudication is required to
be made in this writ petition, as the petitioner is bound by the judgment and
decree to be passed in the civil proceedings.
4. Accordingly, this writ petition stands closed. There shall be no
order as to costs. Consequently, connected miscellaneous petitions are
closed.
19.01.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn
https://www.mhc.tn.gov.in/judis W.P.(MD)No.12952 of 2016
To
1.The Inspector General of Registration, No.100, Santhome High Road, Pattinampakkam, Chennai.
2.The District Registrar, Muthurani Muduku Lane, Karaikudi, Sivagangai District.
3.The Sub Registrar, Sivagangai Raja Road, Ramnagar, Devakottai.
Sivagangai District.
4.The District Registrar, 102, State Bank Road, Gopalapuram, Coimbatore.
5.The Sub Registrar, No.4, Sangoor Main Road, Gandhipuram, Coimbatore.
https://www.mhc.tn.gov.in/judis W.P.(MD)No.12952 of 2016
K.KUMARESH BABU, J.
sbn
W.P.(MD)No.12952 of 2016 and W.M.P.(MD).Nos.9756 & 9757 of 2016
19.01.2023
https://www.mhc.tn.gov.in/judis
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