Madras High Court
Shanthi vs The Executive Officer on 24 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
C.M.P.(MD)No.15235 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.P.(MD)No.15235 of 2024
in
W.A.(MD)SR.No.78258 of 2024
Shanthi ... Petitioner / Appellant
-vs-
1.The Executive Officer,
Arulmighu Kathali Narasinga
Perumal Temple,
HR & CE Department,
Ammaiyanaickanoor,
Nilakkottai-624 208,
Dindigul District. ... 1st Respondent / 1st
Respondent / Petitioner
2.G.Rajesh Kanna
3.The District Collector,
Collector Office,
Maduai.
4.The Joint Commissioner,
HR & CE Department,
Plot No.49, M.R.B.Nagar,
Ammayanaickanoor,
Nilakkottai-624 289,
Dindigul District.
5.The Tahsildar,
Taluk Office, T.Vadipatti,
Madurai District. ... Respondents 2 to 5 /
Respondents 2 to 5 / Respondents 1 to 4
PRAYER in C.M.P.(MD)No.15235 of 2024: Petition filed under Under Section
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C.M.P.(MD)No.15235 of 2024
151 of Civil Procedure Code, 1908, to grant leave to the petitioner to file the writ
appeal against W.M.P.(MD)No.17111 of 2024 in Rev.Aplw(MD)SR.No.60634 of
2024 in W.P.(MD)No.2973 of 2023.
PRAYER in W.A.(MD)No.SR78258 of 2024 : Writ Appeal filed under Clause 15
of Letters Patent Act, to set aside the order dated 28.08.2024 passed in W.M.P.
(MD)No.17111 of 2024 in Rev.Aplw(MD)SR.No.60634 of 2024 in W.P.(MD)No.2973
of 2023.
For Petitioner : Mr.S.Krishna Kumar
For R-3 to R-5 : Mr.P.T.Thiraviyam,
Government Advocate
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
The petitioner seeks leave to challenge the order passed in W.M.P.(MD)No.
17111 of 2024. The said application was filed seeking condonation of delay in
filing review. Since the review petitioner sought for a very minor correction in the
order, the writ Court allowed the application in the condone delay stage itself and
directed at the last sentence in the main order to be replaced. By the main order
dated 07.06.2023, the writ Court directed registration of a document executed by
the writ petitioner Mr.G.Rajesh Kanna, finding that the title of the mother of the
writ petitioner has been declared by this Court in S.A.(MD)No.632 of 1997 by
judgment dated 25.10.2018.
2. It is the grievance of the petitioner that the brother, the second
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respondent herein had suppressed the existence of the other legal heirs. It is also
stated that another sister of the petitioner has filed a partition suit, and the same
is pending at the numbering stage. Registration of a document by one of the legal
heirs by itself will not affect the title of the other legal heirs if they are entitled to
any right over the property. We make it clear that the registration of any
document executed by the second respondent will not affect the rights of the
petitioner or the other legal heirs of Saraswathi Ammal with whom the property
had vested.
3. Therefore, this petition is dismissed. The Writ Appeal in W.A.
(MD)No.SR78258 of 2024 stands rejected in the SR stage itself. There shall be no
order as to costs.
[R.S.M., J.] [L.V.G., J.]
24.10.2024
NCC : Yes/No
Index : Yes/No
Internet : Yes
Sml
To
1.The District Collector,
Collector Office,
Maduai.
2.The Joint Commissioner,
HR & CE Department,
Plot No.49, M.R.B.Nagar,
Ammayanaickanoor,
Nilakkottai-624 289,
Dindigul District.
3.The Tahsildar,
Taluk Office, T.Vadipatti,
Madurai District.
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page 3 of 4
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Sml
in
24.10.2024
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page 4 of 4
