P.Rameshbabu v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR P.Rameshbabu ... Petitioner vs.

1.The Tahsildar Ponneri Taluk NGO Nagar Extension Ponneri, Chennai - 601204 2.The Sub-registrar Red Hills Sothupakkam Road Eswaran Koil Backside Redhills, Chennai - 600 052 3.P.Sureshchandchodia 4.N.Pachaiyappan 5.R.Sekar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent No.1 to consider on merits the representation dated 12.08.2024 of the Petitioner requesting Respondent No.1 to declare the property conveyed under the Sale Deed dated 31.05.2007 registered as Document No.8238 of 2007 and Sale Deed dated 18.04.2018 registered as Document No.2876 of 2018, both at 1/4

Redhills Sub-Registrar office, is non-est and consequently the said Sale Deeds as null and void within the time frame as may be fixed by this Court. For Petitioner : Mr.S.Sridharan For R1 and R2 : Mr.P.Harish Government Advocate

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents 1 and 2, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the 1st respondent to consider his representation dated 12.08.2024 and pass final orders, within the time frame as may be fixed by this Court.

3. According to the petitioner, the private respondents executed Sale Deeds dated 31.05.2007 and 18.04.2018 conveying more extent than they actually entitled to. Therefore, the petitioner submitted a representation dated 12.08.2024 before the respondents 1 and 2 seeking a declaration that Sale Deeds mentioned above are null and void. 2/4

4. The Official Respondents are not having any power to declare the registered Sale Deeds as null and void especially after the order passed by the Division Bench of this Court in M.Kathirvel vs. The Inspector General of Registration (W.P.No.10291 of 2022 etc., batch, dated 02.08.2024). Therefore, this Court is not inclined to issue any direction to the respondents 1 and 2 to consider the representation of the petitioner. However, it is open to the petitioner to workout their remedy before the Civil Court in accordance with law.

5. The Writ Petition is dismissed with the above said observations. No costs.

20.09.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The Tahsildar Ponneri Taluk, NGO Nagar Extension Ponneri, Chennai - 601204 2.The Sub-registrar Red Hills, Sothupakkam Road Eswaran Koil Backside Redhills, Chennai - 600 052 3/4

S.SOUNTHAR, J.

dm 20.09.2024 4/4