Bhagavathi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2011 Bhagavathi ... Petitioner Vs.

1.The Sub Registrar, Valliyoor, Tirunelveli.

2.Arokiya Manuel Raj 3.Latha 4.Kanniappan ... Respondents 5.M.Sundar ... Proposed Respondent (R5 is impleaded vide Court order, dated 07.07.2022 in M.P(MD)No.1 of 2013) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records in pursuance of the Proceeding in pertaining in Document No. 1/5

4001/2009 dated 16.09.2009 executed by the fourth respondent in favour of third respondent on the file of first respondent and quash the same as illegal.

For Petitioner : Mr.S.Meenakshi Sundaram Senior Counsel for Mr.R.Manimaran For Respondents : Mr.D.Sasi Kumar Additional Government Pleader for R1 Mr.B.Muneeswaran for R2 Mr.V.S.Balamurugan for R3 Mr.K.Sudalaiyandi for R4 Mr.H.Arumugam for R5

ORDER

The present writ petition has been filed challenging the registration of a document, under which a sale deed was cancelled.

2. The learned senior counsel appearing for the petitioner had contended that Survey No.1652/6A was conveyed to the petitioner by way of an exchange deed on 31.05.2006 in Document No.1153/2006. 2/5

Thereafter, the revenue records were also mutated in the name of the writ petitioner. However, after executing the said document, the sale deed executed by the fourth respondent in favour of the third respondent, from whom he has purchased the property has been cancelled after a period of 13 years. The said cancellation deed has also been registered by the first respondent. Hence, he contended that once a sale deed has been executed and registered, the same cannot be unilaterally cancelled by the vendor. Based upon the said ground, the present writ petition has been filed.

3. However, the learned senior counsel brought to my notice about the pendency of O.S.No.36 of 2011 on the file of District Munsif Court, Valliyoor. The said suit has been filed by one Arokiya Manuel Raj, from whom the writ petitioner has got exchange of the properties. In the said suit, the respondents in the present writ petition are also the parties as defendants. The said suit has been filed for the relief of declaration that certain cancellation deeds on the file of Sub Registrar, Valliyoor are not binding upon the plaintiff. In the said prayer, the present Document No.4001/2009 has also been put to challenge.

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4. In view of the above said facts that when the cancellation of a particular sale deed is under challenge before a competent civil Court and the petitioner and the respondents in the writ petition are also parties before the Civil Court, it would be appropriate for the Civil Court to decide the said issue. In such circumstances, the present writ petition is disposed of, granting liberty to the writ petitioner to get himself impleaded in O.S.No.36 of 2011 to defend his title.

5. With the above said observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 06.07.2022 gbg Index :

Yes / No Internet :

Yes / No To The Sub Registrar, Valliyoor, Tirunelveli.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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