Madras High Court
Raju vs The Directorate Of Registration on 16 October, 2023
WP(MD)No.5636 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.5636 of 2021
Raju ...Petitioner
/Vs./
1.The Directorate of Registration,
100 Santhome High Road,
Pattinapakkam,
Chennai 600 028
2.The Sub Registrar,
2/398 Gandhi Road,
Paramakudi 623 707
Ramanathapuram District. . ...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to
issue a Writ of mandamus directing the respondents to cancel the deed vide
document 3381 sold by Sethuammal to her sister Sundayeeammal's daughter
Vasantha pertaining to petitioner's property situated at Ramanathapuram
Division, Sivaganga revenue division, Paramakudi sub-division within the
limits of Paramakudi Municipality of Eamaneeswaram Villlage bearing patta no.
217, Survey Number 49/2 A to the extents of 1 acre and 20.1/2 cents in 2 acres
41 cents of Punja land by considering the representation of the petitioner dated
01.02.2021 within a time frame as fixed by this Court.
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WP(MD)No.5636 of 2021
For Petitioner : Mr.S.Karthikeyan
For Respondents : Mr.A.K.Manikkam
Special Government Pleader
ORDER
This writ petition has been filed for a writ of mandamus directing the
respondents to cancel the document registered as Document No.3381 of 2008
pertaining to the subject property by considering the representation made by the
petitioner on 08.02.2021.
2. The case of the petitioner is that the subject property was originally
owned by his father by virtue a registered sale deed dated 18.03.1949 registered
as Document No.260/1949. The eastern side of the subject property was also
conveyed to the petitioner in the year 1951 and thereafter, he was in possession
and enjoyment of the same. The further case of the petitioner is that after the
demise of his parents, he has been in peaceful possession and enjoyment of the
subject property.
3. The grievance of the petitioner is that one Sethuammal and the legal
heirs of Ramupillai started claiming a right over the property. Hence, the
petitioner along with one Krishnan filed a suit in O.S.No.112 of 2008 before the
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WP(MD)No.5636 of 2021
District Munsif Court, Paramakudi against the above said persons and the suit
came to be decreed by the judgment and decree dated 25.11.2013. The appeal
that was filed by the above said persons in AS No.8 of 2014 along with the
connected appeal in AS No.55 of 2014 came to be dismissed by the Sub Court,
Paramakudi by a common judgment dated 12.12.2018. In view of the same, the
petitioner is claiming absolute ownership over the subject property, which was
also confirmed by the competent civil Court.
4. The petitioner thereafter approached the second respondent to cancel
the document that was registered by above said Sethuammal in Document No.
3381/2008. Since the same was not acted upon, the present writ petition has
been filed before this Court.
5. The learned Special Government Pleader submitted that the second
respondent cannot deal with the representation made by the petitioner seeking
for cancellation of the document and such application can only be made before
the District Registrar. If the petitioner makes an application before the District
Registrar along with all the relevant documents, the same will be considered
and orders will be passed in accordance with law.
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WP(MD)No.5636 of 2021
6. Taking to consideration the facts and circumstances of the case and the
submissions made by the learned Special Government Pleader, there shall be a
direction to the petitioner to make a fresh application / representation before the
District Registrar, Ramanathapuram seeking for cancellation of the document
registered in Document No.3381/2008. The petitioner shall submit all the
relevant documents and also a copy of this order. The District Registrar,
Ramanathapuram shall deal with the same, after issuing notice to all the
interested parties and shall pass final orders within a period of three months
from the date of receipt of the representation from the petitioner.
7. This writ petition is disposed with the above directions. No costs.
16.10.2023
NCC : Yes/No
Internet :Yes/No
Index :Yes/No
sm
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WP(MD)No.5636 of 2021
To,
1.The Directorate of Registration,
100 Santhome High Road,
Pattinapakkam,
Chennai 600 028
2.The Sub Registrar,
2/398 Gandhi Road,
Paramakudi 623 707
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
WP(MD)No.5636 of 2021
N.ANAND VENKATESH, J.
sm
Order made in
W.P.(MD)No.5636 of 2021
Dated:
16.10.2023
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