C.R.Thrupathi Gounder v. The District Registrar(Admn)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.Nos.2554 & 2555 of 2025 1.C.R.Thirupathi Gounder 2.Rani

...Petitioners

Vs 1.The District Registrar, (Admn) Krishnagiri - 635 001.

2.The Joint - II Sub-Registrar, Krishnagiri - 635 001.

3.Ravi 4.M.Velmurugan

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari, calling for the records of the 1st respondent in his proceedings in Na.Ka.No.1422/U/2022 dated 30.11.2022 and the quash the same.

For Petitioners : Mr.J.Bharathiraja For Respondents : Mr.M.Shahjahan Special Government Pleader 1/5

ORDER

The present Writ Petition has been filed to quash the proceedings in Na.Ka.No.1422/U/2022 dated 30.11.2022 passed by the first respondent.

2.Petitioners are the absolute owners of the property comprised in S.No.558/2D-1, measuring an extent of 12 cents and 18 cents in S.No.558/2F-1 in Agasipalli Village, Krishnagiri Taluk. The property in S.No.558/2D-1 was purchased from one Rajammal vide Document No.3902 of 2017 dated 29.12.2017 executed in favour of second petitioner. The property in S.No.558/2F-1 was purchased from one Subramani vide Document No.3901 of 2017 dated 29.12.2017 executed in favour of first petitioner. The respondents 3 and 4 submitted a petition to the first respondent to cancel the sale deeds executed in favour of petitioners and thereby causing disturbance to the petitioner's peaceful possession and enjoyment the said property. Without considering the original facts, on 30.11.2022, the first respondent cancelled the sale deeds. Since this cancellation is against the dicta of the Division Bench of this Court in the case of M.Kathirvel Vs. Inspector General of Registration, Department of Registration and Others [reported in 2024 2/5

(4) CTC 769], the Writ Petition has to be allowed and the cancellation of the sale deeds are to be set aside. Accordingly, the present Writ Petition is allowed and the cancellation of sale deed through proceedings in Na.Ka.No.1422/U/2022 dated 30.11.2022 is set aside. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To 1.The District Registrar, (Admn) Krishnagiri - 635 001.

2.The Joint - II Sub-Registrar, Krishnagiri - 635 001.

P.T.ASHA , J, 3/5

W.M.P.Nos.2554 & 2555 of 2025 (2/2) W.M.P.No.2553 of 2025 in 4/5

P.T.ASHA.J., Ordered as prayed for.

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