Ponnusamy vs The Government Rep. By Its
2024 Latest Caselaw 5106 Mad

Madras High Court

Ponnusamy vs The Government Rep. By Its on 4 March, 2024

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                     W.A.No.1534 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Dated: 04.03.2024

                                                      Coram:

                                  The Hon'ble Mr.Justice S.M.SUBRAMANIAM
                                                      and
                                    The Hon'ble Mr.Justice K.RAJASEKAR

                                              W.A.No.1534 of 2022

                     Ponnusamy
                     Principal Petitioner
                     rep. By T.Rajendan
                     General Power of Attorney                        ...Appellant

                                                           Vs.

                     1. The Government rep. By its
                        Secretary to Government,
                        CT & RE Department,
                        Secretariat, Chennai – 600 009

                     2. The Inspector General of Registration,
                        100, Santhom High Road,
                        R.A.Puram, Chennai – 600 028

                     3. The Sub Registrar,
                        Palacode,
                        Dharmapuri District – 636 701

                     4. The Sub Registrar,
                        Palacode,
                        Dharmapuri District – 636 808



                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                    W.A.No.1534 of 2022

                     5. Veerappan                                                     ...Respondents

                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against
                     the order of this Court made in W.P.41430 of 2021 dated 04.08.2021.


                                        For Appellant      :Mr.A.S.Palanisam


                                        For Respondents :Mr.B.Vijay for R1 to R4
                                                         Additional Government Pleader

                                                         JUDGMENT

[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.]

The Writ Appeal has been filed against the order dated

04.08.2021 passed in W.P.No.1430 of 2021.

2. The grievances of the Writ Appellant / Writ Petitioner was that a

gift deed was executed in favour of the 5th respondent by one

Mr.Mariappan. The said Marriappan sold a portion of the property to the

Writ Appellant / Writ Petitioner. In view of the discrepancy in the

property schedule, the Appellant / Petitioner has chosen to file the Writ

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

Petition.

3. Admittedly, the gift deed was executed in the year 1997 and the

Writ Petition has been instituted after a lapse of about 27 years. More

so, the Registering Officer has no powers to cancel the gift deed

executed in the year 1997. Regarding rectification of error, if any, the

same is to be corrected by the parties in the manner contemplated under

the Registration Act. However, this Court cannot issue any direction to

cancel the gift deed or the subsequent deed executed by Marriappan in

favour of the Writ Appellant / Writ Petitioner. Such disputes of civil in

nature cannot be adjudicated in the Writ Petition.

4. Thus we do not find any infirmity in respect of the order passed

by the Writ Court and the appellant is at liberty to approach the

competent Civil Court of law for redressal of his grievances.

With the above direction, the Writ Appeal is disposed of. No

costs.

[S.M.S., J.] [K.R.S., J.]

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

04.03.2024 Index:Yes/No Internet:Yes/No. Speaking / Non Speaking order

ssd

S.M.SUBRAMANIAM, J.,

K.RAJASEKAR, J., ssd

To

1. The Government rep. By its Secretary to Government, CT & RE Department, Secretariat, Chennai – 600 009

2. The Inspector General of Registration, 100, Santhom High Road, R.A.Puram, Chennai – 600 028

3. The Sub Registrar, Palacode, Dharmapuri District – 636 701

4. The Sub Registrar, Palacode, Dharmapuri District – 636 808

5. Veerappan

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

04.03.2023

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