Chellam vs The District Registrar
2023 Latest Caselaw 5696 Mad

                                                                            W.P(MD)No.13162 of 2023


                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 07.06.2023

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                            W.P(MD).No.13162 of 2023

                Chellam
                                                                                   ... Petitioner
                                                        Vs
                1. The District Registrar,
                   Muthoorani Muduku Lane, Muthupattinam,
                   Karaikudi - 630 101,
                   Sivagangai District.

                2. The Sub Registrar,
                   Thiruppathur, Sivagangai District.

                3. Subbaiah

                4. Selvaraj
                                                                               ... Respondents
                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
                records pertaining to the impugned order passed by the first respondent in
                Na.Ka. No.1419/A4/2023, dated 17.04.2023 and quash the same and further
                directing the respondents No.1 and 2 to cancel the forged mortgage deed
                executed by the third respondent in favour of the fourth respondent, dated
                05.08.1996 based on the civil court decree in O.S. No.55 of 2018 on the file
                of the Additional District Munsif, Thiruppathur.


                1/5

https://www.mhc.tn.gov.in/judis
                                                                                W.P(MD)No.13162 of 2023


                                  For Petitioner          : Mr.R.Balakrishnan

                                  For R1, R2              : Mr.C.Satheesh
                                                            Government Advocate



                                                      ORDER

The writ petition has been filed in the nature of Certiorarified

Mandamus, seeking interference with the order of the first respondent in

Na.Ka.No.1419/A4/2023, dated 17.04.2023 and direct the first and second

respondent to cancel the mortgage deed executed by the third respondent in

favour of the fourth respondent, dated 05.08.1996.

2.The petitioner had instituted a suit in O.S. No.55 of 2018

before the Additional District Munsif Court, Thiruppathur, Sivagangai District

seeking a relief that the mortgage deed executed between the first and second

defendants dated 05.08.1996 is null and void. The first and second

respondents/District Registrar, Karaikudi and the Sub Registrar, Thiruppathur,

both in Sivagangai District had been impleaded as third and fourth defendants

in the said suit. After trial, the suit was decreed by Judgment, dated

02.01.2023.

https://www.mhc.tn.gov.in/judis W.P(MD)No.13162 of 2023

3.In the impugned order, it had been stated that the cancellation

of mortgage entry cannot be done, in view of the pendency of suit. Now, the

suit has been decreed.

4.The petitioner is given an opportunity to take a decision to

register the said decree under Section 23 of the Registration Act, 1908 and on

such presentation of decree for registration, the second respondent/Sub

Registrar, Thiruppathur, Sivagangai District after registering the same may

also make necessary entries and clarify that mortgage deed entry has been

interfered with and set aside by the Civil Court in the aforementioned decree.

The said process is to be completed within a period of twelve weeks from the

date of presentation of decree for registration.

4.With the above directions, this Writ Petition stands disposed of.

No costs.

07.06.2023

NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM

https://www.mhc.tn.gov.in/judis W.P(MD)No.13162 of 2023

To

1. The District Registrar, Muthoorani Muduku Lane, Muthupattinam, Karaikudi - 630 101, Sivagangai District.

2. The Sub Registrar, Thiruppathur, Sivagangai District.

https://www.mhc.tn.gov.in/judis W.P(MD)No.13162 of 2023

C.V.KARTHIKEYAN, J.

PNM

ORDER IN W.P(MD).No.13162 of 2023

07.06.2023

https://www.mhc.tn.gov.in/judis