Madras High Court
B. Neelambal vs The Inspector General Of on 26 March, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
2025:MHC:822
WA No. 849 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-03-2025
CORAM
THE HONOURABLE DR JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
WA No. 849 of 2025
AND CMP NO. 7197 OF 2025
1. B. Neelambal
W/o. late. Balasundaram, College Road,
Salavathy Village, Tindivanam Taluk,
Villupuram Dt.
Appellant(s)
Vs
1. The Inspector General of
Registration
Chennai.
2.The District Registrar
Tindivanam District Registration
Office, Tindivanam.
3.The Sub Registrar
Avarapakkam Sub Registrar Office,
Villupuram Dt.
4.The Sub Registrar
Joint II Sub Registrar Office,
Tindivanam, Villupuram Dt.
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1
WA No. 849 of 2025
5.B. Purushothaman
S/o. Late. Balasundaram, National
Highway Road, Salavathy Village,
Tindivanam Taluk, Villupuram Dt.
6.B. Elumalai
S/o. Late. Balasundaram, marakanathar
Street, Salavathy Village, Tindivanam
Taluk, Villupuram Dt.
7.B. Natarajan
S/o. Late. Balasundaram, National
Highway Road, Salavathy Village,
Tindivanam Taluk, Villupuram Dt.
8.S. Gayathri
W/o. Sundharsanan, 118/33,
Mariyamman Kovil St, Tindivanam,
Villupuram 604 001.
9.R. Ganga
W/o. Rajabather, No.88, E. Gingee
Road, (nearby K.C.R. Thirumana
Mahal) Tindivanam, Villupruam 604
001.
10.K.C.R. Rabindranath Tagore
S/o. Rajabather, No.88, E. Gingee
Road, (nearby K.C.R. Thirumana
Mahal) Tindivanam, Villupuram 604
001.
11.K.C.R. Devendranath Tagore
S/o. Rajabather, No.88, E. Gingee
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2
WA No. 849 of 2025
Road, (near by K.C.R. Thirumana
Mahal) Tindivanam, Villupuram Dt.
Respondent(s)
CMP No. 7197 of 2025
1. B. Neelambal
W/o. late. Balasundaram, College Road,
Salavathy Village, Tindivanam Taluk,
Villupuram Dt.
Appellant(s)
Vs
1. The Inspector General of
Registration
Chennai.
2.The District Registrar
Tindivanam District Registration
Office, Tindivanam.
3.The Sub Registrar
Avarapakkam Sub Registrar Office,
Villupuram Dt.
4.The Sub Registrar
Joint II Sub Registrar Office,
Tindivanam, Villupuram Dt.
5.B. Purushothaman
S/o. Late. Balasundaram, National
Highway Road, Salavathy Village,
Tindivanam Taluk, Villupuram Dt.
6.B. Elumalai
S/o. Late. Balasundaram, marakanathar
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WA No. 849 of 2025
Street, Salavathy Village, Tindivanam
Taluk, Villupuram Dt.
7.B. Natarajan
S/o. Late. Balasundaram, National
Highway Road, Salavathy Village,
Tindivanam Taluk, Villupuram Dt.
8.S. Gayathri
W/o. Sundharsanan, 118/33,
Mariyamman Kovil St, Tindivanam,
Villupuram 604 001.
9.R. Ganga
W/o. Rajabather, No.88, E. Gingee
Road, (nearby K.C.R. Thirumana
Mahal) Tindivanam, Villupruam 604
001.
10.K.C.R. Rabindranath Tagore
S/o. Rajabather, No.88, E. Gingee
Road, (nearby K.C.R. Thirumana
Mahal) Tindivanam, Villupuram 604
001.
11.K.C.R. Devendranath Tagore
S/o. Rajabather, No.88, E. Gingee
Road, (near by K.C.R. Thirumana
Mahal) Tindivanam, Villupuram Dt.
Respondent(s)
WA No. 849 of 2025
PRAYER
To set aside the order dt. 01.10.2024 in WP No.28646 of 2024 and allow this
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WA No. 849 of 2025
WA
CMP No. 7197 of 2025
PRAYER
To stay staying all further proceedings in pursuant to the order passed in Writ
Petition in WP No.28646 of 2024 dt. 01.10.2024
WA No. 849 of 2025
For Appellant(s): Ms.L.Meenakshi For
Mr.M.Dinesh
For Respondent(s):Mr. U.Baranidharan, Sgp For R1
To R4. R5 To R7 - No
Appearance. M/s.A.Bharathi For
Rr9 To R11.
JUDGMENT
(Judgment of the Court was delivered by Anita Sumanth J.)
This Writ Appeal is filed by the Writ Petitioner, the mother of 4 daughters
and 4 sons, the legal heirs of one Balasundaram, who passed away in 2005. The
legal heirs of the deceased Balasundaram had been parties to O.S.No.775 of
1993 which was a partition suit, decreed on 08.06.1995.
2. In representation dated 13.04.2023, the appellant had made a reference
to documents that had been executed subsequent to the decree passed on
08.06.1995 by a person allegedly impersonating her demised husband.
According to the appellant, it is her sons who have engaged in the said fradulent
activities.
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3. By virtue of the fradulent documents and certain other documents her
sons have put forth claims, the appellant had been constrained to approach this
Court by way of W.P.No.28504 of 2023, seeking a disposal of her representation
dated 13.04.2023 and that Writ Petition had come to be closed on 03.10.2023
directing the respondents to dispose the representation and pass orders on
merits.
4. It is hence that order dated 25.04.2024 had come to be passed, adverse
to the appellant, challenging which, W.P.No.28646 of 2024 had been filed. Vide
order dated 01.10.2024, the Writ Court has dismissed the Writ Petition, being of
the view that the adjudication of the matter entailed marshalling and
appreciation of facts is not appropriate in a Writ Petition. Liberty was given to
the appellant to work out her remedies before the Civil Court.
5. Aggrieved, the present appeal has been filed and the appellant would
also rely, inter alia on an order passed by the Madurai Bench of this Court dated
24.09.2024 passed in W.P.(MD) No.22600 of 2024 to the effect that the
jurisdiction of a Writ Court is not barred or excluded in cases of fraud having
been played by the parties.
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6. Having heard both learned counsel, we are of the considered view that
no intervention is required in order dated 01.10.2024 for the specific reason that
civil proceedings are already pending qua the parties in A.S.No.19 of 2019
before the I Additional Sub-Court, Tindivanan challenging the judgment and
decree passed in O.S.No.168 of 2011, wherein the challenge was to the alleged
fradulently executed documents.
7. We are, hence, of the view that the interests of the appellant would be
sufficiently addressed by permitting her to obtain necessary relief in the pending
Appeal Suit or in the alternative, approach the Civil Court for remedy, should
that become necessary.
8. This Writ Appeal is hence dismissed reiterating the liberty as above.
No costs. Connected Miscellaneous Petition is also dismissed.
(ANITA SUMANTH J.)(C.KUMARAPPAN J.)
26-03-2025
sl
Index:No
Speaking order
Internet:Yes
Neutral Citation:Yes
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To
1.The Inspector General of Registration
Chennai.
2.The District Registrar
Tindivanam District Registration
Office, Tindivanam.
3.The Sub Registrar
Avarapakkam Sub Registrar Office,
Villupuram Dt.
4.The Sub Registrar
Joint II Sub Registrar Office,
Tindivanam, Villupuram Dt.
5.B. Purushothaman
S/o. Late. Balasundaram, National
Highway Road, Salavathy Village,
Tindivanam Taluk, Villupuram Dt.
6.B. Elumalai
S/o. Late. Balasundaram, marakanathar
Street, Salavathy Village, Tindivanam
Taluk, Villupuram Dt.
7.B. Natarajan
S/o. Late. Balasundaram, National
Highway Road, Salavathy Village,
Tindivanam Taluk, Villupuram Dt.
8.S. Gayathri
W/o. Sundharsanan, 118/33,
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Mariyamman Kovil St, Tindivanam,
Villupuram 604 001.
9.R. Ganga
W/o. Rajabather, No.88, E. Gingee
Road, (nearby K.C.R. Thirumana
Mahal) Tindivanam, Villupruam 604
10.K.C.R. Rabindranath Tagore
S/o. Rajabather, No.88, E. Gingee
Road, (nearby K.C.R. Thirumana
Mahal) Tindivanam, Villupuram 604
11.K.C.R. Devendranath Tagore
S/o. Rajabather, No.88, E. Gingee
Road, (near by K.C.R. Thirumana
Mahal) Tindivanam, Villupuram Dt.
To
1.The Inspector General of Registration
Chennai.
2.The District Registrar
Tindivanam District Registration
Office, Tindivanam.
3.The Sub Registrar
Avarapakkam Sub Registrar Office,
Villupuram Dt.
4.The Sub Registrar
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Joint II Sub Registrar Office,
Tindivanam, Villupuram Dt.
5.B. Purushothaman
S/o. Late. Balasundaram, National
Highway Road, Salavathy Village,
Tindivanam Taluk, Villupuram Dt.
6.B. Elumalai
S/o. Late. Balasundaram, marakanathar
Street, Salavathy Village, Tindivanam
Taluk, Villupuram Dt.
7.B. Natarajan
S/o. Late. Balasundaram, National
Highway Road, Salavathy Village,
Tindivanam Taluk, Villupuram Dt.
8.S. Gayathri
W/o. Sundharsanan, 118/33,
Mariyamman Kovil St, Tindivanam,
Villupuram 604 001.
9.R. Ganga
W/o. Rajabather, No.88, E. Gingee
Road, (nearby K.C.R. Thirumana
Mahal) Tindivanam, Villupruam 604
10.K.C.R. Rabindranath Tagore
S/o. Rajabather, No.88, E. Gingee
Road, (nearby K.C.R. Thirumana
Mahal) Tindivanam, Villupuram 604
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 07:20:10 pm )
11.K.C.R. Devendranath Tagore
S/o. Rajabather, No.88, E. Gingee
Road, (near by K.C.R. Thirumana
Mahal) Tindivanam, Villupuram Dt.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 07:20:10 pm )
ANITA SUMANTH J.
AND
C.KUMARAPPAN J.
sl
AND CMP NO. 7197 OF
26-03-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 07:20:10 pm )
