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Madras High CourtWP/10995/2014dismissed

Kannammal v. The District Collector

2020-10-15Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.10995 of 2014

1. Mrs. Kannammal

2. Mrs.Kala

3. Mr. Samuel

4. Mr.Chinnadurai ... Petitioners v.

1.The District Collector, 2.The Revenue Divisional Officer,

3. The Tahsildar, Arakkonam Taluk,

4. The Sub Registrar, Nemili SRO, Arakkonam Taluk,

5. Mr. Mohan Naidu

6. V. Ramachandran

7. G. Shanker ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, directing the 4th respondent to cancel the registration of sale deed of Documents Nos. 3948 of 2007 and 3949 of 2007 dated 10.05.2007 registered in favour of G.Sankar/7th respondent herein, consequently direct the 2nd respondent to cancel the patta No.29 issued in the name of G.Sankar/7th respondent herein.

For Petitioners : Mr.Agilan for Mr. P.Venkateshan For Respondents: Mrs. K. Bhuvaneswari Addl. Govt. Pleader - R1 to R3 Mr. B. Kannan Government Advocate - R4

O R D E R

The petitioners have filed the above Writ Petition to issue a Writ of Mandamus directing the 4th respondent to cancel the registered sale deeds in Documents Nos. 3948 of 2007 and 3949 of 2007, dated 10.05.2007, registered in favour of the 7th respondent and consequently, direct the 2nd respondent to cancel the Patta No.29 issued in favour of the 7th respondent.

2. The petitioners are seeking for the cancellation of the sale deeds dated 10.05.2007 executed in favour of the 7th respondent. By virtue of the registered sale deeds, the 7th respondent also obtained a patta in his favour.

3. It is settled position that the 4th respondent, the Sub Registrar, has no jurisdiction to cancel the registered sale deeds. The remedy open to the petitioners is only to file a Civil Suit seeking for cancellation of the sale deeds. In the case of the petitioners filing a Civil Suit and succeeding in the Civil Suit, thereafter, they can seek for cancellation of the patta. In such view of the matter, I am not inclined to entertain the Writ Petition. Accordingly the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Rj To 1.The District Collector,

2.The Revenue Divisional Officer,

3. The Tahsildar, Arakkonam Taluk,

4. The Sub Registrar, Nemili SRO, Arakkonam Taluk, +1cc to M/s.P.Venkateshan, Advocate Sr.34268 +1cc to the Government Pleader Sr.34660, 34712 W.P.No.10995 of 2014 ppa[co] srg 05/11/2020