Madras High Court
K.N.Prabu vs The District Registrar ... on 4 April, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1369 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.04.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.1369 of 2022
K.N.Prabu ... Appellant /
Writ Petitioner
Vs.
1.The District Registrar (Administration),
Registration Department,
Registrar Office,
Karur.
2.The Sub Registrar,
Mala Karur Sub Registrar's Office,
Mala Karur,
Karur District.
3.Sankar
4.S.Nivas ... Respondents /
Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order dated 26.09.2022 in W.P(MD)No.22348 of 2022 and allow the
Writ Appeal as prayed for.
For Appellant : Mr.C.Mahadevan
For Respondents : Mr.N.Ramesh Arumugam
Government Advocate
for R.1 & R.2
1/6
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W.A.(MD)No.1369 of 2022
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
The appellant herein purchased 53.5 cents of land from the
respondents 3 and 4 herein vide sale deed dated 26.04.2018.
2.The grievance of the appellant is that the third respondent
subsequently settled 9 cents of land in favour of the fourth respondent
(his son) on 09.07.2018. The appellant would allege that this piece of
land was described as a “cart track” in the sale deed dated 26.04.2018.
Subsequently, the said land was described as an ancestral property.
3.The appellant therefore wanted the District Registrar to cancel
the subsequent settlement deed dated 09.07.2018. He also sought
initiation of criminal prosecution. The said request made by the
appellant vide representation dated 18.07.2019 was rejected by the
District Registrar vide proceedings dated 06.12.2019. Challenging the
same, the appellant filed W.P(MD)No.22348 of 2022. The writ petition
was dismissed by the learned single Judge on 26.09.2022 in the
following terms:
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“5.It is seen from the material available on record
that the petitioner has purchased undivided 0.53.5 cents
out of 3 Acres and 80 Cents, in the above said survey
numbers, situated at Lakshmaninarayana Samuthiram
Village, Karur Taluk, Karur District, through the
registered sale deeds dated 12.06.1974 and 27.03.1979
from the third respondent herein. The third respondent
and his sons have retained an undivided extent of 9 cents
of land, which was used as cart track. The petitioner has
purchased only a part of the land. There are no proper
boundaries in the documents. The first respondent has
rightly rejected the petitioner's request, which can be
decided by the civil court, as the dispute pertains to the
title of the suit property. If the petitioner is aggrieved by
the said decision of the first respondent, he can approach
the Deputy Inspector General of Registration. He has not
exhausted the said efficacious and alternative remedy, but
straightaway approached this Court. If the dispute is with
regard to extent of land between the parties, the same
cannot be decided by the respondents 1 and 2 and same
has to be decided only by the competent civil court. This
Court finds no error in the order of the first respondent,
dated 06.12.2019, warranting interference at the hands of
this Court and hence, this Writ Petition is liable to be
dismissed.”
Challenging the same, this Writ Appeal has been filed.
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4.The learned counsel appearing for the appellant reiterated all the
contentions set out in the memorandum of grounds of Writ Appeal.
5.We are not impressed or swayed by the said submissions. As
rightly pointed out by the learned Government Advocate, the issue is
essentially private in nature. If according to the appellant, his vendors
have cheated him, it is always open to the appellant to move the
jurisdictional civil Court or initiate independent criminal prosecution.
6.It is well settled that a registering authority cannot on his own
cancel the registration. The learned single Judge adopted the right
approach. Interference with the said order is not warranted.
7.With the aforesaid liberty to the appellant, this Writ Appeal is
dismissed. No costs.
[G.R.S., J.] [M.J.R., J.]
04.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
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To
1.The District Registrar (Administration),
Registration Department,
Registrar Office,
Karur.
2.The Sub Registrar,
Mala Karur Sub Registrar's Office,
Mala Karur,
Karur District.
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G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
MGA
04.04.2025
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