Madras High Court
K.Palanikumar vs The District Registrar on 9 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.12781 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.12781 of 2022
and W.M.P.(MD)Nos.9071 & 9073 of 2022
K.Palanikumar ... Petitioner
Vs.
1.The District Registrar,
Combined Registrar Office,
Rajakambeeram,
Y.Othakadai, Madurai-107.
2.A.C.Kamraj .... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorari, to call for the records of the
Impugned Notice in Na.Ka.No.1136/Aa/2022 dated 11.04.2022 on the file of the
1st respondent and quash the same.
For Petitioner : Mr.Selva Aditya
for Mr.G.Prabhu Rajadurai
For Respondents : Mr.M.Siddarthan,
Addl. Govt. Pleader for R1
Mr.K.R.Laxman for R2
1/4
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W.P.(MD)No.12781 of 2022
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Certiorari, to call for the records of the Impugned Notice in Na.Ka.No.
1136/Aa/2022 dated 11.04.2022 on the file of the 1st respondent and quash the
same.
2. Heard learned counsel for the petitioner, the learned Additional
Government Pleader appearing for the first respondent and the learned counsel
appearing for the second respondent and perused the materials available on record.
3. It is the case of the petitioner that by virtue of sale deed dated
21.03.2006, the petitioner has become the owner of the subject property and the
vendors of the petitioner handed over the original patta in respect of the said
property under patta No.827. Thereafter, the petitioner prepared a layout on the
subject property comprising of 14 plots and the plots were sold to the third parties
on various dates. The second respondent is a business man and he is having lands
adjacent to the subject property. However, in order to extract money from the
purchasers, the second respondent filed a suit in O.S.No.20 of 2010 on the file of
District Munsif, Maduri seeking declaration and consequential injunction. The
said suit was dismissed vide judgment and decree dated 03.10.2018. As against
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the same, the 2nd respondent filed an appeal and the same is pending. While so,
the first respondent has issued the impugned notice on 11.04.2022, stating that the
2nd respondent has filed a petition seeking to cancel the sale deed dated 21.03.2006
in favour of the petitioner and all other subsequent sale deeds. Challenging the
same, the petitioner has filed this Writ Petition.
4. At the outset, this Court is of the view that the dispute is only with
regard to the rival parties claiming title over the property. Further, the registring
authorities have no power to go into the title of the property, Section 77-A of the
Registration Act, 1908 also is struck down by the Hon'ble Division Bench of this
Court in W.P.No.10291 of 2022 batch as unconditional Hence, the notice
impugned directing the petitioner to appear for enquiry is not sustainable in law
and the same is liable to be quashed.
5. Accordingly, this Writ Petition is allowed and the impugned notice
dated 11.04.2022 passed by the first respondent stands quashed. No costs.
Consequently, connected miscellaneous petitions are quashed.
09.08.2024
NCC : Yes/No
Index : Yes/No
vsm
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
vsm
To
The District Registrar,
Combined Registrar Office,
Rajakambeeram,
Y.Othakadai, Madurai-107.
09.08.2024
https://www.mhc.tn.gov.in/judis
