Kittathal v. The Deputy Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2024
CORAM
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR AND W.M.P.Nos.24769 & 24771 of 2023 Kittathal .. Petitioner Vs 1.The Deputy Inspector General of Registration 1st Floor, Kamaraj Road Red Fields, Puliakulam Coimbatore 641 018 2.The District Revenue Officer 3.The Revenue Divisional Officer 4.Dhandapani 5.Muthusamy 6.Deivasigamani 7.Ramasamy 8.Shanmugaraj 9.Savitha 10.Lakshmi 11.Kamalathal .. Respondents 1/5
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in Ni.Mu.07808/2022/J1 dated 08.07.2023 and quash the same and consequently direct the 2nd respondent to restore the patta in patta passbook and in the revenue records viz., (1) TR.2020/0103/32/287935 dated 31.12.2020, (2)TR.2020/0103/32/287656 dated 31.12.2020, (3) TR.2020/0103/32/287659 dated 31.12.2020, (4) TR.2020/0103/32/287649 dated 31.12.2020 and (5) TR.2021/0103/32/288938 dated 06.01.2021, for properties covered in sale deeds, sale agreement and partition deed in document Nos.10997/2020, 10998/2020, 11299/2020, 11298/2020, 11300/2020, 11301/2020, 11302/2020 and 11304/2020 registered at Joint Sub Registrar, Tiruppur District.
For Petitioner : Mr.I.Abrar Md.Abdullah For R1 to R3 : Mr.B.Vijay Additional Government Pleader For R4, R7 & R8 : Mr.I.Arokiasamy and Mr.P.Ravi For R5, R6, R9 & R11 : Mr.P.Valliappan Senior Counsel 10th Respondent : Died
O R D E R
Challenge has been made in this writ petition to the order dated 08.07.2023 passed by the 2nd respondent in Ni.Mu.07808/2022/J1, based on the the order dated 07.06.2023 passed by the 1st respondent cancelling all the 2/5
documents executed on 23.12.2020.
2. Since this Court has found that the very order dated 07.06.2023 passed by the 1st respondent has not been sustainable in law and the same has been set aside by this Court in Kittathal Vs. The Deputy Inspector General of Registration and 10 Others (W.P.No.21673 of 2023 decided on 05.07.2024), the consequential order passed by the 2nd respondent also stands quashed. It is well open to the parties to establish their rights before the civil Court and on that basis, the revenue records can be mutated. In the result, this writ petition stands allowed. No costs. Connected miscellaneous petitions are closed.
05.07.2024 (2/2) gya Index : Yes/No To 1.The Deputy Inspector General of Registration 1st Floor, Kamaraj Road Red Fields, Puliakulam Coimbatore 641 018 2.The District Revenue Officer 3/5
3.The Revenue Divisional Officer 4/5
N.SATHISH KUMAR, J.
gya 05.07.2024 (2/2) 5/5