A.Sindha vs The District Registrar ...
2024 Latest Caselaw 17263 Mad

Madras High Court

A.Sindha vs The District Registrar ... on 2 September, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                W.P(MD)No.18421 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 02.09.2024

                                                     CORAM :

                              THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                          W.P(MD)No.18421 of 2023
                                                   and
                                         W.M.P.(MD)No.15370 of 2023

                A.Sindha                                                          ... Petitioner

                                                       Vs.

                1.The District Registrar (Administration),
                  Palayamkottai, Tirunelveli.

                2.The Sub Registrar,
                  Melapalayam Sub-Registrar office,
                  Tirunelveli District.

                3.A.Subbiah
                4.A.Arunachalam                                           ... Respondents

                PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
                records relating to the impugned order passed by the 1st respondent in
                Na.Ka.No.663/A6/2023 dated 24.04.2023 and quash the same and consequently
                direct the respondents 1 and 2 to declare the registration of decree as fraudulent
                one and make endorsement to that effect in the encumbrance register in
                accordance with Circulars dated 25.04.2012, 09.04.2018 and 31.07.2018


                                    For Petitioner     : Mr.K.K.Udayakumar
                                    For R1 & R2        : Mr.C.Satheesh
                                                         Government Advocate
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                                                                                        W.P(MD)No.18421 of 2023


                                           For R3 & R4         : Mr.K.P.Narayanakumar


                                                            ORDER

The petitioner has filed this writ petition challenging the order of the

first respondent in Na.Ka.No.663/A6/2023 dated 24.04.2023 refusing to

entertain the application of the petitioner and to direct the respondents 1 and 2

to declare the registration of decree as fraudulent one.

2.Heard the learned counsel appearing on either side and perused the

materials placed on record.

3.The contention of the petitioner is that the petitioner has purchased

the subject property by way of the registered sale deed dated 14.09.2021.

However, the fourth respondent claiming right over the subject property had

filed a suit in O.S.No.395 of 2006 and obtained a decree in his favour.

Thereafter, he registered the same in the encumbrance certificate. Therefore,

the petitioner has made a representation before the first respondent to remove

the said entry, however, the same was rejected by the first respondent directing

the petitioner to approach the civil Court. Challenging the same, the petitioner

has filed this writ petition.

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4.At the outset, the prayer sought by the petitioner before the

authorities itself is misconceived. If at all the petitioner is aggrieved over the

decree and judgment, the proper course to be adopted by him is to challenge the

said judgment and decree by way of filing an appeal.

5.Further, the Registering Authority has no power to cancel any

document as the very Section 77(A) inserted under Registration Act to cancel

the registered document, is struck down by the Division Bench of this Court in

W.P.No.10291 of 2022 batch. That apart, the issue of title and the fraudulent

transaction cannot be gone into by the authorities, which has to be established

in the manner known to law before the civil Court in view of the decisions

made in Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] and G.

Rajasulochana v Inspector General [W.P 29706 of 2024 dated 16.04.2024].

6.In view of the above settled position of law, I do not find any reason

to interefere with the order of the first respondent. Accordingly, this writ

petition stands dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                                         02.09.2024
                NCC           : Yes / No
                Index         : Yes / No
                ta
https://www.mhc.tn.gov.in/judis






                To

1.The District Registrar (Administration), Palayamkottai, Tirunelveli.

2.The Sub Registrar, Melapalayam Sub-Registrar office, Tirunelveli District.

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

N.SATHISH KUMAR, J

ta

02.09.2024

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