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Madras High CourtWMP/23236/2025ordered

Pks Lakshmi Bai v. G.Kalaiselvi

2025-07-08Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.M.P.No.23236 of 2025 in W.P.No.23011 of 2024 1.Mrs.PKS Lakshmibai 2.Mrs.P.K. Padma 3.P.S.Lakshmanan Shah ... Petitioners Vs.

1. G.Kalaiselvi

2. The Inspector General Of Registration No 100, Santhome High Road, Mylapore, Chennai 600 004

3. The District Registrar (South Chennai) Nandanam Chennai 600 035

4. The Sub Registrar Office Joint No II, Saidapet, Chennai 600 015 5.P.K.Kannan (deceased) ... Respondents Prayer :- Writ Miscellaneous Petition No.23236 of 2025 is filed under Article 226 of the Constitution of India to recall the impugned order dated 09.12.2024 passed in W.P.No.23011 of 2024.

For Petitioner : M/s.N.Nagu Sah 1/5

For Respondent : M/s.B.Manimaran for R.1 : M/s. M.Murali, Govt Advocate for R.2 to R.4

O R D E R

The above recall petition has been filed by the petitioner who has been arrayed as respondents 4 and 7 in WP.No.23011 of 2024 seeking to recall the order dated 09.12.2024 in the said Writ Petition. Their grievance is that they have not been heard before the order has been passed.

2. A perusal of the order would indicate that the order has been passed at the admission stage itself on the basis of the representation made by the petitioner's counsel as well as the Government Advocate. It has been mistakenly represented that there has been a cancellation of the sale deed as a result of which para.3 of the order came to be inserted.

3. A perusal of the order passed by the District Registrar dated 24.08.2022 in Na.Ka.No.7988/F2/2021 would show that no document has been cancelled. The District Registrar has only directed that a remark be made on the scanned copy indicating that the document is fraudulent document.

4.Therefore, the observations made in para.no.3 of the order dated 2/5

09.12.2024 in WP.No.23011 of 2024 have to be deleted. Accordingly, the same is deleted and consequently paragraph no.4 is modified to the following extent.

5. Since it is informed that the parties are before the 1st respondent in appeal, the Writ Petition is disposed of with a direction to the 1st respondent to dispose of the appeal within a period of 2 months from the date of receipt of a copy of this order. The respondent counsel also consented to the above order.

6. Accordingly, the above petition is allowed and the order passed in WP.No.23011 of 2024 is modified to the aforementioned extent. Consequently, W.M.P.No.23237/2025 is also closed. 08.07.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 3/5

1. The Inspector General Of Registration No 100, Santhome High Road, Mylapore, Chennai 600 004

2. The District Registrar (South Chennai) Nandanam Chennai 600 035

3. The Sub Registrar Office Joint No II, Saidapet, Chennai 600 015 P.T. ASHA . J., (shr) 4/5

W.M.P.No.23236 of 2025 in W.P.No.23011 of 2024 08.07.2025 5/5