Madras High Court
Irulappan vs The Inspector General Of Registration on 23 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD) No.23291 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.23291 of 2023
Irulappan ...Petitioner
-vs-
1.The Inspector General of Registration,
Mandaveli, Chennai.
2.The Deputy Inspector General of Registration,
Madurai.
3.The District Registrar (Administration),
Madurai South, Madurai.
4.The Joint Sub Registrar No.IV,
Madurai South, Madurai District.
5.M.Ayyammal
6.P.Eswari ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a writ of Certiorarified Mandamus, to call
for the records of the impugned order in Na.Ka. No.1524/Aa4/2022 dated
10.07.2023 and to quash the same and further direct the 2nd respondent
to take on file the Appeal filed by this petitioner and pass suitable orders
within a time stipulated by this Court.
1/5
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W.P.(MD) No.23291 of 2023
For Petitioner : Mr.N.Shyllappakalyan
For R1 to R4 : Mr.M.Siddharthan
Additional Government Pleader
For R5 & R6 : Mr.B.Senthil Kumar
ORDER
Challenge has been made in this writ petition to the order dated
10.07.2023 refusing to entertain the appeal filed by the petitioner on the
ground of limitation.
2.The case of the petitioner is that the petitioner purchased the
subject property by way of a registered sale deed. At the instance of the
fifth and sixth respondents on the basis of the decree and judgment in the
suit filed by them in O.S.No.78 of 2011, the said sale deed had been
cancelled. Challenging the same, the petitioner filed an appeal before the
authorities concerned. However, the same was refused to be entertained
on the ground of limitation. The said order is put to challenge in this writ
petition.
3.The learned counsel for the petitioner submitted that the
petitioner has already filed a suit in O.S.No.1305 of 2021 to establish the
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right of the petitioner and the same is pending before the Sub-Court,
Madurai.
4.Since the suit with regard to the right of the parties is pending
before the competent civil Court, this Court is not inclined to entertain
this writ petition. It is to be noted that the fifth and sixth respondents
already filed a suit in O.S.No.78 of 2011, in which the document No.
2827 of 2011 has been declared as null and void. The petitioner traces
title only on the basis of the said document in Document No.2827 of
2011.
5.In such view of the matter, I do not find any merits in interfering
with the order impugned in this writ petition. Accordingly, this writ
petition is dismissed. The parties shall work out their remedy in the
pending suit before the competent civil Court. No costs.
23.09.2024
NCC : Yes / No
Index : Yes / No
ta
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To:
1.The Inspector General of Registration,
Mandaveli, Chennai.
2.The Deputy Inspector General of Registration,
Madurai.
3.The District Registrar (Administration),
Madurai South, Madurai.
4.The Joint Sub Registrar No.IV,
Madurai South, Madurai District.
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N.SATHISH KUMAR, J.
ta
23.09.2024
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