Shanmuga Velammal vs /
2024 Latest Caselaw 21448 Mad

Madras High Court

Shanmuga Velammal vs / on 11 November, 2024

                                                                             W.P.(MD) No.19668 of 2016

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 11.11.2024

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                             W.P.(MD) No.19668 of 2016
                                                       and
                                       W.M.P.(MD) Nos.14176 and 14177 of 2016

                 Shanmuga Velammal                                 ... Petitioner

                                                        /vs./


                 1.The Sub Registrar,
                   Sankarankovil,
                   Tirunelveli District.

                 2.K.Maheswari

                 3.Jeyalakshmi

                 4.The District Registrar (Administration),
                   Tenkasi,
                   Tirunelveli District.                           ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to
                 the Registered Sale Deed in Document Number 647 of 2016 dated 09.03.2016
                 registered by the 1st Respondent for the Sale Transaction entered between the 2nd


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                                                                                 W.P.(MD) No.19668 of 2016

                 and 3rd Respondent and quash the same and consequently direct the 1st
                 Respondent to cancel all the related entries in the Registration Documents
                 pertaining to the Sale Transaction entered between the 2nd and 3rd Respondent
                 and registered by the 1st Respondent vide Document Number 647 of 2016 dated
                 09.03.2016.

                                  For Petitioner    : Mr.N.Sankar Ganesh

                                  For R1 & R4       : Mr.M.Sarangan
                                                          Additional Government Pleader

                                  For R2            : Mr.VR.Shanmuganathan

                                  For R3            : Mr.F.X.Eugene

                                                         ORDER

The prayer in this writ petition is seeking to quash the registered sale deed

bearing Doc.No.647/2016 dated 09.03.2016 on the file of the first respondent

herein.

2. It is well settled law that the powers under Article 226 of the

Constitution of India cannot be exercised in such matters, when there are other

remedies available to the petitioner. The Hon'ble Apex Court in the judgment

reported in 2016 10 SCC 767 (Satya Pal Anand Vs. State of M.P. and others)

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had dealt with this identical issue and had held that the remedy available in such

cases would be to invoke the civil jurisdiction.

3. The learned counsel for the petitioner however would contend that in

spite of an injunction order granted in CMP.Nos.7107 and 7108 of 2001 in

S.A.No.687 of 2001, the second respondent had executed a sale deed in favour of

the third respondent. Hence, the sale deed itself is in violation of the injunction

order. It is also admitted by the learned counsel appearing on either side that the

petitioner had already initiated a contempt proceeding for violation of the order of

injunction stated supra.

4. In view of the judgment of the Hon'ble Apex Court reported in 2016 10

SCC 767 (referred supra), the writ petition cannot be entertained. However,

liberty is given to the petitioner to proceed with the contempt petition that he had

already initiated for complaining violation of the order passed in CMP.Nos.7107

and 7108 of 2001 in S.A.No.687 of 2001.

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5. With the aforesaid liberty, no further adjudication is required to be made

in this writ petition and the Writ Petition is accordingly closed. However, there

shall be no order as to costs. Consequently, connected Miscellaneous Petitions are

closed.

                 Index : Yes / No                                                   11.11.2024
                 Internet : Yes / No
                 mm

                 To

                 1.The Sub Registrar,
                   Sankarankovil,
                   Tirunelveli District.

2.The District Registrar (Administration), Tenkasi, Tirunelveli District.

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

K.KUMARESH BABU, J.

mm

11.11.2024

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