C.Panchavarnam vs The Deputy Inspector General Of ...
2023 Latest Caselaw 6728 Mad

                                                                           W.P(MD)No.12777 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 21.06.2023

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                          W.P(MD)No.12777 of 2023
                                        and WMP(MD)No.10785 of 2023

                     C.Panchavarnam
                                                                                   ... Petitioner

                                                        Vs

                     1. The Deputy Inspector General Of Registrar,
                        O/o. Deputy Inspector General of Registrar,
                        Madurai.

                     2. The Assistant Inspector General of Registration,
                        District Registrar (Administration),
                        Madurai (South),
                        Madurai.
                                                                                ... Respondents

                     PRAYER : Writ Petition is filed under Article 226 of the Constitution of
                     India praying to issue a Writ of Certiorarified Mandamus, calling for the
                     records relating to the impugned order passed by the second Respondent
                     in his proceedings in Na.Ka.No.3954/A2/2022, dated 01.08.2022, quash
                     the same as illegal and consequently direct the Respondents to cancel all
                     the documents in respect of land comprised in Survey No.16/2B1
                     registered after 26.12.2005.


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https://www.mhc.tn.gov.in/judis
                                                                            W.P(MD)No.12777 of 2023




                                  For Petitioner     : Mr. Senthil Murugan C
                                  For R1, R2         : Mr.M.Prakash
                                                       Additional Government Pleader


                                                     ORDER

The Writ Petition has been filed in the nature of

Certiorarified Mandamus, seeking interference with the order passed by

the second respondent in his proceedings in Na.Ka.No.3954/A2/2022,

dated 01.08.2022 and to cancel all the documents, in respect of land

comprised in Survey No.16/2B1 registered after 26.12.2005.

2.The petitioner herein Panchavaranam is the daughter of

Kuppu Udaichi. She had a brother Kumaresan. They are only the legal

heirs of her father. The said Kumaresan died on 26.12.2005. The legal

heirs of Kumaresan had transferred the land in patta number 166 at S.No.

16/2B1 of Anupanadi Village, measuring 0.07.0 ares, which actually

stood in the name of the father. The petitioner is also entitled for a share

in the property. The legal heirs had sold the property, without giving

reference to the petitioner or showing her as a legal heir. Therefore, the

https://www.mhc.tn.gov.in/judis W.P(MD)No.12777 of 2023

petitioner had given a complaint before the second respondent to take

necessary action. The second respondent further proceeded to reject the

said petition by holding that the document was registered on the basis of

grant of patta. But the Patta was granted, on the basis of legal heirship

certificate. In the legal heirship certificate, the name of the petitioner

was not included, the petitioner, who is the daughter of Kuppu Udaichi is

also entitled for share of property.

3.It is also seen from the impugned order that notice had not

been directed to the legal heirs of Kumaresan. The second respondent

had rejected the petition given by the petitioner, by only examining the

petitioner alone. Therefore, a detailed enquiry has to be conducted, since

both the petitioner and Kumaresan were entitled to the lands of their

father, as legal heirs.

4.In view of the facts, this court had directed the petitioner

to produce a copy of Judgment and decree in O.S.No.485 of 2013,

passed by the learned Principal District Munsif, Madurai, dated

04.06.2014, wherein, the petitioner had been recognised as a legal heir of

https://www.mhc.tn.gov.in/judis W.P(MD)No.12777 of 2023

Kuppu Udaichi and a decree had been passed in favour of the petitioner.

5.In view of all these facts, the impugned order is set aside

and the issue is remanded back to the second respondent, to issue notice

to the petitioner and the legal heirs of Kumaresan and thereafter, take a

decision, since the legal heirs of Kumaresan had disposed the property,

in which, the petitioner is also having an undivided ½ share. The

enquiry should be conducted in the manner known to law and should be

completed within a period of six months, from the date of appearance of

parties before the second respondent.

6.Since the impugned order is set aside, the writ petition

stands allowed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                              21.06.2023
                     Index        :Yes/No
                     Internet     :Yes/No
                     NCC          : Yes / No
                     PNM





https://www.mhc.tn.gov.in/judis
                                                                           W.P(MD)No.12777 of 2023



                     To

1. The Deputy Inspector General Of Registrar, O/o. Deputy Inspector General of Registrar, Madurai.

2. The Assistant Inspector General of Registration, District Registrar (Administration), Madurai (South), Madurai.

https://www.mhc.tn.gov.in/judis W.P(MD)No.12777 of 2023

C.V.KARTHIKEYAN, J.

PNM

ORDER IN W.P(MD)No.12777 of 2023 and WMP(MD)No.10785 of 2023

21.06.2023

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