A.Chinna Rani Jesintha vs The District Registrar
2024 Latest Caselaw 15533 Mad

Madras High Court

A.Chinna Rani Jesintha vs The District Registrar on 9 August, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                    W.P(MD).No.11501 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 09.08.2024

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                               W.P(MD).No.11501 of 2021
                                             and W.M.P(MD).No.9033 of 2021


                A.Chinna Rani Jesintha                                            ... Petitioner
                                                           Vs.,


                1.The District Registrar,
                  Thoothukudi District.

                2.Jean Prabhu                                                    ... Respondents

                PRAYER: Petition filed under Article 226 of the Constitution of India to issue a
                Writ of Certiorari to call for the records of the impugned notice in Na.Ka.No.
                2830/B4/2021 dated 28.06.2021 on the file of the first respondent and quash the
                same.
                                        For Petitioner     : Mr.K.Vinoharan
                                        For Respondents    : Mr.P.Subbaraj (for R1)
                                                             Special Government Pleader
                                                             Mr.N.Karthikkannan (for R2)




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                                                                                     W.P(MD).No.11501 of 2021




                                                           ORDER

Challenging the impugned notice issued by the first respondent in

Na.Ka.No.2830/B4/2021, dated 28.06.2021, this writ petition has been filed.

2. The case of the petitioner is that originally the subject property

belongs to his father and during his lifetime, he divided the property into three

portions bearing Door Nos.88A, 88B and 88C and by a settlement deed dated

21.12.1964, he settled Door No.88A in favour of the petitioner. Thereafter, the

petitioner intended to sell his property and sold it in favour of one Kumar @

Appukuttan, on 07.05.2003. On the complaint given by the second respondent,

who is none other than the son of petitioner's sister, dated 21.06.2021, for

cancelling the sale deed executed by the petitioner on the ground that the

petitioner has no right to sell the property, the first respondent issued the

impugned notice. Aggrieved by the same, the petitioner is before this Court.

3. Heard both sides.

4. As the power to cancel the sale deed is not vested with the first

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respondent, which has been settled in catena of judgments and one such judgment

in the case of Satya Pal Anand v. State of M.P., reported in (2016) 10 SCC 767

has held that some irregularity in the procedure committed during the registration

process would not lead to a fraudulent execution and registration of the document,

but a case of mere irregularity. In either case, the party aggrieved by such

registration of document is free to challenge its validity before the Civil Court, the

impugned notice issued by the first respondent in Na.Ka.No.2830/B4/2021, dated

28.06.2021 is hereby quashed and the Writ Petition is allowed. No costs.

Consequently, connected Miscellaneous Petition is closed.

                                                                                   09.08.2024
                                                                                       (1/2)
                NCC               : Yes/No
                Index             : Yes/No
                Rmk


                To

                The District Registrar,
                Thoothukudi District.





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





                                   N.SATHISH KUMAR, J.

                                                            Rmk









                                                   09.08.2024

                                                           (1/2)


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