Amaladass. S v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Amaladass. S, ... Petitioner Vs

1. The District Registrar, District Registration Office, Dindigul District , Dindigul..

2. The Sub Registrar,, Sub Registrar Office, Sannarpatti, Dindigul District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider and pass an orders on the petitioners representation dt on 19.12.2020.

For Petitioner :Mr.Illanchezian. V, For Respondents :Mr.A.K.Manikkam Special Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 19.12.2020, wherein the petitioner has sought for cancellation of the documents registered as Document Nos.3764, 3765 and 3767 of 2015.

2.Heard the learned counsel for the petitioner and the learned Special Government Pleaders for the respondents. 3.The case of the petitioner is that the subject property in S.No. 795/2 to an extent of 1 acre 58 cents was purchased by the petitioner through registered document dated 27.07.2006, 08.08.2006, 27.02.2007 and 10.03.2007. The further case of the petitioner is that a collusive suit was filed in O.S.No.146 before the Principal District Court, Dindigul without impleading the vendors of the petitioner and an exparte decree was obtained. Based on the same, three documents were created in the subject property in Document Nos.3764, 3765 and 3767 of 2015, patta was also

obtained pursuant to the registration of the document. The petitioner wants these documents to be cancelled and representation was made to the respondents. Since the same was not considered, the present writ petition has been filed before this Court.

4. In the considered view of this Court, the ground that has been raised by the petitioner seeking for the cancellation of the documents cannot be dealt with by the District Registrar. If documents have been registered pursuant to the decree passed by the Court and according to the petitioner, these documents are null and void, the petitioner will have to challenge the decree passed by the civil Court and seek for the consequential direction to cancel the documents before the civil court. That exercise cannot be done by the Sub Registrar or the District Registrar.

5. In view of the same, the relief sought for by the petitioner cannot be granted by this Court. Liberty is granted to the petitioner to question the civil court decree and the consequential registration of the documents in the manner known to law.

6. This writ petition is disposed of in the above terms. No costs. 10.10.2023 NCC :Yes/No Index :Yes/No RR To

1. The District Registrar, District Registration Office, Dindigul District , Dindigul..

2. The Sub Registrar,, Sub Registrar Office, Sannarpatti, Dindigul District.

N.ANAND VENKATESH, J.

RR W.P.(MD)No.696 of 2021 10.10.2023