Kasthuri Thilagam vs The District Registrar
2024 Latest Caselaw 17264 Mad

Madras High Court

Kasthuri Thilagam vs The District Registrar on 2 September, 2024

Author: Mohammed Shaffiq

Bench: Mohammed Shaffiq

                                                                        W.P.(MD)No.21379 of 2016

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 02.09.2024

                                                       CORAM

                          THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

                                             W.P.(MD)No.21379 of 2016
                                                        and
                                  W.M.P.(MD)Nos.15286, 17047 of 2016 and 9259 of 2017


                1.Kasthuri Thilagam

                2.Sarathi                                                      ... Petitioners
                                                          Vs.


                1.The District Registrar, (Administration),
                  Madurai North,
                  Registration Department,
                  Madurai.

                2.R.Jawahar                                                    ... Respondents

                PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                issuance of Writ of Certiorari, calling for the records relating to the impugned
                order passed by the first respondent made in Na.Ka.No.1791/A1/2016, dated
                28.09.2016 and quash the same.




                1/4

https://www.mhc.tn.gov.in/judis
                                                                            W.P.(MD)No.21379 of 2016



                                      For Petitioner      : Mr.R.Murali

                                      For R-1             : Mr.M.Siddharthan
                                                            Special Government Pleader

                                      For R-2             : Mr.M.S.Jeyakanth


                                                   ORDER

This Writ Petition is filed challenging the impugned order passed by the

first respondent dated 28.09.2016, whereby two sale deeds bearing Document

Nos.4247/15 and 4248/15 were cancelled.

2. It is submitted by the learned counsel for the petitioner that the first

respondent does not have the authority to cancel the documents under the guise

of conducting enquiry on fraudulent registration, placing reliance on the

judgment of this Court in the case of D.V.Loganathan Vs. the Sub-Registrar,

Office of the Sub-Registrar, Pallavaram, Chennai and another reported in

(2014) 3 CTC 113 and judgment of Division Bench of this Court in W.P.(MD)No.

10291 of 2022 dated 02.08.2024.

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

3. It is submitted by the learned counsel for the official respondent that

the appropriate remedy is only before the civil Court and the same was acceded

to by the learned counsel for the petitioner.

4. In view thereof, in any event, it is open to the parties aggrieved, if any,

to work out their remedy before the appropriate forum.

5. Accordingly, this Writ Petition is disposed of. No costs.

Consequently, connected miscellaneous petitions are closed.

02.09.2024

NCC:yes/no Index:yes/no Internet:yes/no Nsr

To:

The District Registrar, (Administration), Madurai North, Registration Department, Madurai.

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

MOHAMMED SHAFFIQ, J.

Nsr

02.09.2024

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