P.Periyasamy v. S.Chnatrakanthan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.22598 of 2024 P.Periyasamy .. Petitioner
Versus
1.S.Chantrakandthan 2.V.Palanisamy 3.S.V.Jeyakumar 4.The Sub Registrar Sub-Registrar Office Mulanur, Dharapuram (TK) Tiruppur - 638 108 5.The District Collector Collectorate Palladam Road Tiruppur - 641 604 .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, for a direction in the nature of the writ in S.F. No.344/ A1/B2, Thoorambadi Village, Dharapuram Taluk, Mulanur, Tiruppur District directing the respondents 4 and 5 to cancel the registration. For Petitioner : Mr.P.Periyasamy (Party-in-Person) For Respondent : Mr.Stalin Abhimanyu for R4 Additional Government Pleader Mr.G.Ameedius for R5 Government Advocate
ORDER
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Heard both sides and perused the materials placed on record.
2. This writ petition is filed for a direction, directing the respondents 4 & 5 to cancel the Document with respect to registration in S.F. No.344/ A1/B2, Thoorambadi Village, Dharapuram Taluk, Mulanur, Tiruppur District
3. Since, no adverse order is passed against the private respondents, notice to them is dispensed with. By consent of both parties, this writ petition is taken up for final disposal
4. The protest petition given by the petitioner dated 10.06.2023 indicate that he has executed a sale deed to the first respondent, the arrangement between the parties is that if the loan amount is paid within a month, the property will be re-conveyed. However, the same has not been done. Hence, he has given a protest petition before the fourth respondent. Therefore, seeks a direction.
5. At the outset, this Court is of the view that no such direction can be issued. The petitioner has to work out his remedy in the manner known to law not before the District Registrar. The registering authorities has no power to go into all these things, whether the sale deed is a loan transaction or not. It has to 2/4
be seen only in the Civil Court.
6. With the above, this Writ Petition stand dismissed. No costs. Consequently, connected miscellaneous petition stands closed. 26.07.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Sub Registrar Sub-Registrar Office Mulanur, Dharapuram (TK) Tiruppur - 638 108 2.The District Collector Collectorate Palladam Road Tiruppur - 641 604 N. SATHISH KUMAR , J.
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