Madras High Court
M.Vijaya vs The District Collector on 16 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.17885 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.17885 of 2022
and WMP(MD) No.13042 of 2022
M.Vijaya
... Petitioner
Vs
1. The District Collector,
Tenkasi, Tenkasi District.
2. The Revenue Divisional Officer,
Sankarankovil,
Tenkasi District.
3. The District Registrar,
District Registrar Office,
Tenkasi, Tenkasi District.
4. The Sub Registrar,
Sub Registrar Office, Kalugumalai,
Tenkasi District.
5. The Tahsildar,
Sankarankovil Taluk Office,
Tenkasi District.
6. The Block Development Officer,
Kuruvukulam Panchayat Union,
Tenkasi District..
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W.P.(MD)No.17885 of 2022
7. The Inspector of Police,
Kurivikulam Police Station,
Tenkasi District.
8. M.Mariappan
9. Kanagaraj
10. Manoharan
11. Ganesan
12. Kadarkarai
13. S.Shanmugathai
14. Sakkaiyah
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents 3 and 4
to implement the order of Land Reforms Commissioner, Tirunelveli made in his
proceedings No.X6. Aa9. 9925/1988, dated 21.07.1988 and T.Ke.8A 34/96, dated
18.02.1987 and to conduct an enquiry under section 77-A of Registration Act to
cancel the illegal sale documents registered in respect of property situated in S.
No.67/1A1 in patta No.416, in K.Alangulam Village, Sankarankovil Taluk,
Tenkasi District by considering the petitioner representation dated 15.06.2022 and
27.06.2022 within a stipulated time may be fixed by this Court.
For Petitioner : Mr. M.Saravanakumar
For Respondents : Mr.P.Subbaraj
Special Government Pleader
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W.P.(MD)No.17885 of 2022
ORDER
This Writ Petition has been filed seeking direction to the respondents
3 and 4 to implement the order of Land Reforms Commissioner, Tirunelveli made
in his proceedings No.X6. Aa9. 9925/1988, dated 21.07.1988 and T.Ke.8A 34/96,
dated 18.02.1987 and to conduct an enquiry under section 77-A of Registration
Act to cancel the illegal sale documents registered in respect of property situated
in S. No.67/1A1 in patta No.416, in K.Alangulam Village, Sankarankovil Taluk,
Tenkasi District by considering the petitioner representations dated 15.06.2022
and 27.06.2022.
2.Heard Mr.M.Saravanakumar, learned counsel appearing for the
petitioner and Mr.P.Subbaraj, learned Special Government Pleader appearing for
the respondents.
3. It is the grievance of the petitioner that the sale deed sought to be
cancelled is not valid in the eye of law, since the assignment given to vendor has
already been cancelled. The learned counsel for the petitioner submitted that he
has already filed a suit in O.S.No.92 of 2012 on the file of Sub Court,
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Sankarankovil for declaration and mandatory injunction and the same has been
decreed in his favour.
4.Since the very registering authorities is not having power to go into
the issue of cancellation of document, it is for the petitioner to present the decree
and judgment obtained in his favour for registration. On such presentation of
decree and judgment, the same shall be registered by the registering authorities.
5. With the above direction, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
16.08.2024
NCC : Yes/No
Index : Yes/No
PNM
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To
1. The District Collector,
Tenkasi, Tenkasi District.
2. The Revenue Divisional Officer,
Sankarankovil,
Tenkasi District.
3. The District Registrar,
District Registrar Office,
Tenkasi, Tenkasi District.
4. The Sub Registrar,
Sub Registrar Office, Kalugumalai,
Tenkasi District.
5. The Tahsildar,
Sankarankovil Taluk Office,
Tenkasi District.
6. The Block Development Officer,
Kuruvukulam Panchayat Union,
Tenkasi District..
7. The Inspector of Police,
Kurivikulam Police Station,
Tenkasi District.
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N.SATHISH KUMAR, J.
PNM
ORDER IN
16.08.2024
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