M.P.Chithra vs S.S.Sheik Abdul Kader
2025 Latest Caselaw 6786 Mad

Madras High Court

M.P.Chithra vs S.S.Sheik Abdul Kader on 8 September, 2025

Author: Anita Sumanth

Bench: Anita Sumanth, P.T. Asha

                                                                                               W.A(MD)No.2564 of 2025

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 08.09.2025

                                                             CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                     THE HONOURABLE MS.JUSTICE P.T. ASHA

                                                 W.A(MD)No.2564 of 2025
                                                         and
                                                C.M.P(MD)No.14651 of 2025

                     M.P.Chithra                                                            ...Appellant

                                                                   Vs.

                     1.S.S.Sheik Abdul Kader

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

                     PRAYER:- Writ Appeal filed under Clause XV of Letters Patent, to set
                     aside the order made in W.P.(MD)No.23831 of 2024 dated 04.10.2024 on
                     the file of this Court.


                                    For Appellant          : Mr.T.Aswin Raja Simman
                                    For R – 1              : Mr.R.J.Karthick
                                    For R – 2              : Mr.D.Gandhi Raj
                                                             Special Government Pleader

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                                                                                        W.A(MD)No.2564 of 2025

                                                      JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.)

The present Writ Appeal is filed seeking limited relief for

expunging the observations made by this Court in para 4 of the writ order

dated 04.10.2024, to the effect that passing of the impugned order by the

appellant '.......... is nothing but clear non-application of mind and it is

made deliberately for some other purpose. Hence, the Inspector General

of Registration is directed to take disciplinary proceedings against the

concerned Sub Registrar in this regard.'

2.The appellant, who is the Sub-Registrar, Melapalayam,

Tirunelveli District, is aggrieved by those findings. Mr.T.Aswin Raja

Simman, learned counsel appearing on behalf of the appellant, explains

that the order impugned in the Writ Petition has been passed based on an

audit objection dated 19.01.2024. The reasons set out therein is that the

sale agreement which formed the basis for passing the impugned order

ought not to have been registered.

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3.We also find on a perusal of the writ affidavit that there are

no allegations made as against the appellant, and in such circumstances,

granting the benefit of doubt to the appellant, the phrase in italics and

extracted in para 1 supra stands expunged from order dated 04.10.2024.

4.In fact, the State has not acted upon the offending

observation for the reason that though the order was passed in October,

2024, no action has been taken thus far. The learned Special Government

Pleader appearing for State informs us that the directions have been

complied with.

5.In view of the above, this Writ Appeal stands disposed. No

costs. Consequently, connected Miscellaneous Petition is closed.

                                                                       [A.S.M.J.,] & [P.T.A.J.,]
                                                                             08.09.2025
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes
                     ps







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                     To

                     The Sub-Registrar,
                     Melapalayam,
                     Tirunelveli District.









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                                                                  DR.ANITA SUMANTH, J.
                                                                                    AND
                                                                            P.T. ASHA, J.

                                                                                               ps









                                                                                    08.09.2025

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