M.Balasundaram v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.14789 of 2023 M.Balasundaram ... Petitioner Vs.

1. The District Registrar, District Registrar office, Thiruvallur, Thiruvallur District.

2. The Sub Registrar, Manavalanagar Sub-Registrar office, Thiruvallur Taluk, Thiruvallur District.

3. E. Selvam

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned sale deed bearing document No.499 of 2018 dated 14.09.2017 on the file of the 2nd Respondent Sub Registrar, registered in favour of 3rd respondent and quash the same and consequently forbear the 2nd Respondent from entertaining any further document for registration in respect of the property comprised in S.No.344/1B1B measuring to an extent 1200 Sq.ft. house site in that 1/4

constructed house building situated at Manavalanagar, Thiruvallur Taluk, Thiruvallur District, within a specific period as fixed by this Honble Court. For Petitioner : Mr.S.Kumar Sankar For Respondents :

(for R1 & R2) : Mr.G.Krishna Raja, AGP

O R D E R

The relief sought for in the present writ petition is to quash the impugned sale deed bearing document no.499 of 2018 dated 14.09.2017. The sale deed registered in the year 2017 is sought to be quashed in the year 2023 in the present writ petition.

2.If at all, the petitioner is of an opinion that the sale deed is fraudulently registered or otherwise, he has to approach the competent authority, under the provisions of the Registration Act, for its cancellation or otherwise. Alternatively, the petitioner can approach the competent Civil Court of law for the purpose of redressal of his grievances. Contrarily writ Court cannot adjudicate the disputed issues in respect of the property issues. Such an elaborate adjudication cannot be undertaken in a writ proceeding and it is to be done with reference to the documents and evidence before the competent authorities or the Civil forum. 2/4

3.This being the principles to be followed, the writ petition filed is not entertainable and the petitioner is at liberty to approach the competent authority or the Civil Court of law as the case may be for the purpose of redressal of his grievances.

4.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (sha) 01.06.2023 Index : Yes (2/2) Speaking Order To

1. The District Registrar, District Registrar office, Thiruvallur, Thiruvallur District.

2. The Sub Registrar, Manavalanagar Sub-Registrar office, Thiruvallur Taluk, Thiruvallur District.

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S.M.SUBRAMANIAM . J., (sha) and W.M.P.No.14789 of 2023 01.06.2023 (2/2) 4/4