Madras High Court
Dr.U.Shivakumar vs R.Selvi ..1St on 23 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD).Nos.1033, 1234 and 1235 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).Nos.1033, 1234 and 1235 of 2023
W.A.(MD).No.1033 of 2023
Dr.U.Shivakumar .. Appellant/4th Respondent
Vs.
1.R.Selvi ..1st Respondent/Writ Petitioner
2.The District Registrar,
Assistant Inspector General of Registration,
Registration Department,
Trichy District.
3.The Sub Registrar I,
Registration Department,
Trichy District.
4.The Sub Registrar II,
Registration Department,
Trichy District. .. Respondents 2 to 4/
Respondents 1 to 3
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order dated 29.04.2022 in W.P.(MD).No.17604 of 2021 and
allow the Writ Appeal as prayed for.
Page 1 of 9
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W.A.(MD).Nos.1033, 1234 and 1235 of 2023
For Appellant : Mr.KPS.Palanivel Rajan
Senior Counsel
for M/s.K.P.S.Law Associates
For R-1 : Mr.AN.Ramanathan
For R-2 to R-4 : Mr.S.Shanmugavel
Additional Government Pleader
W.A.(MD).No.1234 of 2023
Dr.U.Shivakumar .. Appellant/Writ Petitioner
Vs.
1.The District Revenue Officer,
Tiruchirappalli,
Trichy.
2.The Revenue Divisional Officer,
Tiruchirappalli,
Trichy.
3.Arumugam
4.PAKT Educational Trust,
Represented by its Trustees,
i. Mr.PR.Sathiyamoorthy,
ii. Mrs.S.Geetanjali,
No.3, 1st Street, Marees Avenue,
Collector Office Road,
Trichy 01.
5.M.Venkatachalam
6.Selvi
Page 2 of 9
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W.A.(MD).Nos.1033, 1234 and 1235 of 2023
7.Gandhi
8.Ilanjiyam
9.Mookkayee
10.Amuthavalli .. Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order dated 29.04.2022 in W.P.(MD).No.10026 of 2021 and
allow the Writ Appeal as prayed for.
For Appellant : Mr.KPS.Palanivel Rajan
Senior Counsel
for M/s.K.P.S.Law Associates
For R-1 & R-2 : Mr.S.Shanmugavel
Additional Government Pleader
For R-4 : Mr.IG.Ivyn
for M/s.Isaac Chambers
For R-6 : Mr.AN.Ramanathan
W.A.(MD).No.1235 of 2023
Dr.U.Shivakumar .. Appellant/3rd Respondent
Vs.
1..PR.Sathyamoorthy .. Respondent/Writ Petitioner
2.The Deputy Inspector General of Registration,
Office of D.I.G. of Registration,
Mannarpuram,
Trichy 20, Trichy District.
Page 3 of 9
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W.A.(MD).Nos.1033, 1234 and 1235 of 2023
3.The District Registrar,
District Registrar Office,
District Court Campus,
Trichy 1, Trichy District. .. Respondents/Respondents 1 & 2
4.Elanchiyam
5.Amuthavalli alias Amutha
6.Mookayee
7.Kala @ Kalarani
8.C.Raj
9.R.Selvi
10.Ramya
11.Venkatachalam
12.Arumugam .. Respondents/Respondents 4 to 12
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order dated 29.04.2022 in W.P.(MD).No.20034 of 2021 and
allow the Writ Appeal as prayed for.
For Appellant : Mr.KPS.Palanivel Rajan
Senior Counsel
for M/s.K.P.S.Law Associates
For R-1 : Mr.IG.Ivyn
for M/s.Isaac Chambers
For R-2 & R-3 : Mr.S.Shanmugavel
Additional Government Pleader
For R-9 : Mr.AN.Ramanathan
Page 4 of 9
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W.A.(MD).Nos.1033, 1234 and 1235 of 2023
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
The Writ Appeals have been instituted against the common order
dated 29.04.2022 passed in Civil Revision proceedings and in the writ
proceedings.
2. The learned Single Judge carefully considered the issues raised
between the parties and has rightly not made any finding so as to cause
prejudice to the interest of the parties to establish their rights before the
competent Civil Court of law in a partition suit in O.S.No.4 of 2018.
3. The suit for partition is pending. The parties have approached the
District Registrar, who in turn passed an order dated 11.12.2020, stating that
the competent authorities of the Registration Department are not conferred
with the powers to cancel the registered document under the Registration
Act, 1908. The said power has been conferred recently by inserting Section
77A and 77B. During the relevant point of time when the application was
filed in the year 2020, the power was not available. The learned Single
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W.A.(MD).Nos.1033, 1234 and 1235 of 2023
Judge therefore relegated the parties to approach the Civil Court in O.S.No.
4 of 2018 and O.S.No.260 of 2018.
4. In paragraph No.21 of the order impugned, it is observed that the
respondents in Civil Revision Petition had stated that already as per the
partition deed, the family members have partitioned the properties. Even
though the partition deed is unregistered one, it is acted upon by the vendor
of the civil revision petitioner/D-8. So all the issues can be decided only
before the Civil Forum. The District Registrar cannot declare the registered
sale deed as invalid and only the Civil Court is conferred with the said
power.
5. Any further finding by us in the present Writ Appeals may cause
prejudice and will have certain implications while examining the documents
and evidences to be submitted between the parties in the civil suits.
Therefore, we are not inclined to entertain the Writ Appeals. The parties are
at liberty to establish their civil rights in the manner known to law
independently and through documents and evidences available.
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W.A.(MD).Nos.1033, 1234 and 1235 of 2023
6. With the above observations, the common order of the learned
Single Judge dated 29.04.2022 stands confirmed and the Writ Appeals are
dismissed. The Civil Court concerned is requested to dispose of the civil
suits as expeditiously as possible, provided the parties co-operate for such
early disposal. There shall be no order as to costs.
(S.M.S.,J.) (V.L.N.,J.)
23.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
To
1.The District Registrar,
Assistant Inspector General of Registration,
Registration Department,
Trichy District.
2.The Sub Registrar I,
Registration Department,
Trichy District.
3.The Sub Registrar II,
Registration Department,
Trichy District.
4.The District Revenue Officer,
Tiruchirappalli,
Trichy.
https://www.mhc.tn.gov.in/judis
W.A.(MD).Nos.1033, 1234 and 1235 of 2023
5.The Revenue Divisional Officer,
Tiruchirappalli,
Trichy.
6.The Deputy Inspector General of Registration,
Office of D.I.G. of Registration,
Mannarpuram,
Trichy 20, Trichy District.
https://www.mhc.tn.gov.in/judis
W.A.(MD).Nos.1033, 1234 and 1235 of 2023
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).Nos.1033, 1234
and 1235 of 2023
23.11.2023
https://www.mhc.tn.gov.in/judis
