← Library
Madras High CourtWP/35396/2025disposed of

A.Jubaida Begam v. The District Registrar

2025-09-18Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY A.Jubaida Begam, W/o.Abdul Haju, 20, Bilalrali Street, Labbaikudikadu Post, Kunnam Taluk, Perambalur District, Tamil Nadu- 621 108.

Petitioner(s) Vs 1.The District Registrar, Perambalur- 621 212.

2.The Sub- Registrar, Office Of The Sub- Registrar Office, Perambalur- 621 212.

3.M.Muthuramalingam, 170, South St, Kaspa Tittakudi Town, Tittakudi Taluk, Cuddalore District- 606 106.

4.S.Jayalakshmi, Old No.22-A, New No.14 South Street, Vathistapuram, Tittakudi Taluk, Cuddalore District- 606 106.

Respondents

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the records relating to the sale deed registered as Document No. 3267/ 2011 and of that Document Bearing No. 3268/2011 dated 25.04.2011 on the file of the 2 nd respondent- Sub- Registrar, and quash the same and consequently direct the 1 st respondent to consider representation of the petitioner dated 11.10.2021. For Petitioner(s):

Mr.G.Ilamurugu For Respondent:

Mr.P.Harish Government Advocate for R1 & R2

ORDER

This writ petition has been filed by the petitioner seeking to call for the records relating to the sale deed registered as Document No. 3267/ 2011 and the Document Bearing No.3268/2011 dated 25.04.2011 on the file of the 2 nd respondent- Sub- Registrar, and quash the same and consequently direct the 1 st respondent to consider representation of the petitioner dated 11.10.2021.

2.Mr.C.Jayaprakash, learned Government Advocate, takes notice on behalf of the respondents 1 to 3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. 3.Though the present writ petition has been filed seeking for larger relief, when the matter is taken up for hearing, the learned counsel for the petitioner restricted his relief and prayed to grant a direction to the 1 st respondent to dispose of the petitioner's representation dated 11.10.2021, within the prescribed time limit, which would be sufficient to meet out the case of the petitioner. 4.He would further submit that the compliant was given against the 3 rd respondent who executed the sale deed fraudulently without any title to the 4 th respondent. Therefore, the respondents 1 and 2 can take action against the respondents 3 and 4 as per Section 83 of the Registration Act, 1908. 5.Per contra, learned Government Advocate appearing for the respondents 1 and 2 would submit that in the present case, two documents were registered

citing both the petitioner and the third parties as the title owner of the subject property. Therefore, unless and otherwise one document is declared as null and void or through the orders passed by the Civil Court, the respondents 1 and 2 are not in a position to initiate any proceedings. Further, he would also submit that if the criminal act is apparent on its face while registration or any complaint received at the earliest by the petitioner, they would have taken actions as per the provisions of Section 83 of the Registration Act 1908. But, now since the documents have got registered, the right course for the petitioner is to get the document nullified, which is set to have been registered fraudulently. 6.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents 1 and 2. 7.

Considering the submissions made by either parties, and in view of the limited prayer sought for in this Writ Petition, without going into the merits of the case, this Court directs the 1 st respondent to considered the representation of the petitioner dated 11.01.

petitioner and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 8.With the above directions, this writ petition is disposed of. No costs. 18-09-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Registrar, Perambalur- 621 212.

2.The Sub- Registrar, Office Of The Sub- Registrar Office, Perambalur- 621 212.

KRISHNAN RAMASAMY J.

rst

18-09-2025