Madras High Court
Sagayamari vs The Inspector General Of Registration on 9 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
WP(MD). No.13692 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 09/08/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.13692 of 2022
Sagayamari ... Petitioner
Vs
1. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600028..
2. The District Registrar (Registration),
Sivagangai District,
Karaikudi..
3. Elizebeth,
W/o. Late. Alphonse, D.No.338,
Melakudiyiruppu Village, Nemam,
Kundrakudi Post, Thirupathur Taluk,
Sivagangai District..
4. Arockia Samy,
S/o.Late. Alphonse, Weeguan Construction Pvt. Ltd.,
31, Mandai Estate,
Innovation Place, Singapore - 729 933..
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WP(MD). No.13692 of 2022
5. Thersammal Shanthi,,
W/o. Arokia Samy, Avudaipoigai, T.
Soorakudi, Karaikudi Taluk,
Sivagangai District..
6. Sahaya Elilarasi,,
W/o.John, Maviduthikottai,
Ramanathapuram District..
7. Arokia Ernest,
W/o.Jesuraj, Matha Kovil Street,
Kallupatti, Karaikudi Taluk,
Sivagangai District..
8. Saleem Mohammed,,
S/o. Mohammed Hanifa, D.No.10,
Subramaniapuram, 6th Extension,
Karaikudi, Karaikudi Taluk,
Sivagangai District.. ... Respondents
PRAYER :- Writ Petition, filed under Article 226 of the Constitution
of India, praying this court to issue a Writ of Certiorarified Mandamus, to
call for the records in respect of 2nd respondent proceedings in
Na.Ka.No.955/AA1/2022 dated 22.04.2022 and quash the same and
consequently direct the 2nd respondent to conduct fresh enquiry and pass
order to cancel the Document No.1471 of 2013 and Document No.3267
of 2015 regarding the petitioners Property in S.No.64/1 situated at
Nemam Malakudiyiruppu Village, Nemam, Thirupathur Taluk,
Sivagangai District.
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WP(MD). No.13692 of 2022
For Petitioner : M/s. Srinivasan.A,
For Respondents : Mr.P.Subbaraj
Special Government Pleader
Mr.R.Sundar Srinivasan for R3 &R7
Mr.P.Saravanakumar for R5 & R6
ORDER
Challenge has been made to the impugned order dated 22.04.2022
of the 2nd respondent and for a direction to the 2nd respondent to conduct
fresh enquiry and pass order to cancel the Document No.1471 of 2013
and Document No.3267 of 2015 regarding the petitioner's Property in
S.No.64/1 situated at Nemam Malakudiyiruppu Village, Nemam,
Thirupathur Taluk, Sivagangai District.
2. It is the case of the petitioner that the petitioner is the owner of
the property. The suit filed by the third respondent and his mother in
O.S.No.223/1995 was dismissed by the trial Court and second appeal
filed in S.A.No.2003/2020 was also allowed and review petition is also
dismissed. Therefore, according to him, the petitioner is the absolute
owner. Therefore, he has given a complaint to cancel the document
executed by the third respondent in favour of the 8th respondent and
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subsequent deed dated 27.11.2015 executed by the 8th respondent in
favour of the third respondent. However, the impugned order has been
passed as if no power is vested with the department. According to the
writ petitioner, since decree itself is in his favour, the subsequent
document executed in favour of the respondents 3 and 8 cannot be valid
in the eye of law. Hence, the same ought to have been cancelled.
3. If really the decree and judgment as stated by the petitioner is in
his favour, the sale will not bind the petitioner. Therefore, if the
petitioner registered the decree before the concerned Sub Registrar, that
will take care of it. If the document is annulled or the the suit is decreed,
any subsequent sale will not confine ownership. Let the petitioner
produce the document for registration. On such production, the document
should be registered.
4. With the above direction, the writ petition is disposed of. No
costs.
09.08.2024
RR
https://www.mhc.tn.gov.in/judis
TO
1. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600028..
2. The District Registrar (Registration),
Sivagangai District, Karaikudi..
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR,J
RR
ORDER
IN
Date : 09/08/2024
https://www.mhc.tn.gov.in/judis
