Susi Thamizhpandian, v. The Deputy Registrar Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)Nos.1 and 2 of 2013 Susi Thamizhpandian ... Petitioner Vs.

1.The Deputy Registrar for Registration, Office of Deputy Registrar, Othakadai, Madurai.

2.The District Registrar (Admn.), Periyakulam, Theni District.

3.The Joint Sub Registrar-II, Periyakulam Sub Registration, Theni District.

4.The Tahsildar, Periyakulam Taluk, Theni District.

5.Karuppiah 6.Mahaselvan 7.Kalimuthu ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, directing the respondents 1 to 3 herein to conduct enquiry under the Registration Act and initiate criminal prosecution against the respondents 5 to 7 herein under Sections 81, 82 & 83 of the Registration Act and consequently direct the respondents 1 to 3 herein to cancel the fraudulent sale deeds at the instance of the respondents 5 to 7 herein in respect of the petitioner's agricultural patta land measuring 2 acres 25 cents in S.Nos.442/1, 442/2, 443/1 T.Vadipatti, Devathanapatti Village, Periyakulam Taluk, Theni District as house sites to any third parties in accordance with the provisions Tamil Nadu Registration Act, within a reasonable time.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.K.Selva Ganesan, Additional Government Pleader for R1 to R4 No appearance for R5 to R7

ORDER

The present writ petition has been filed seeking for a Writ of Mandamus, directing the respondents No.1 to 3 herein to conduct an enquiry under Sections 81 to 83 of the Registration Act as against the 2/6

Respondents No.5 to 7 herein and cancelled the fraudulent sale deeds.

2. According the learned Counsel for the petitioner, he had filed a suit for specific performance in O.S.No.6 of 2012 on the file of the District Munsif Court, Periyakulam, as against the respondents No. 5 to 7 herein. The respondents No.5 to 7 herein were arrayed as defendants No.1 to 3 in the said suit. The defendants had remained ex-parte and an ex-parte decree has been passed on 16.02.2012. Thereafter, since the defendants have not executed the sale deed, the Court has executed a registered sale deed in favour of the writ petitioner on 11.01.2013.

3. According to the learned Counsel for the petitioner, thereafter, the respondents No. 5 to 7 herein on the basis of the power deed, which is said to have been registered on 05.05.2008, have executed a sale deed on 20.02.2014 in favour of the third parties. According to the learned Counsel for the petitioner, when a sale deed has been registered at the instance of the Civil Court, thereafter the respondents No.5 to 7 would not be entitled to execute any sale deed, through the power deed 3/6

executed prior to the filing of the suit. Hence, he contended that it is a fraudulent transaction attracting enquiry under Section 81 and 82 of the Registration Act 1908. Though the respondents No.5 to 7 have been served, they have neither appeared in person nor engaged a Counsel.

4. In view of the above said undisputed facts, this Court is inclined to pass the following orders:

(i)The second respondent herein is directed to initiate proceedings under Section 81 and 82 of the Registration Act as against the respondents No.5 to 7 and after giving due opportunity to the petitioner and the respondents No.5 to7, pass orders on merits and in accordance to law.

(ii)In case, if the second respondent arrives at a finding that the respondents No.5 to 7 have committed an offence as contemplated under Section 81 or 82, he shall initiate prosecution under Section 83 of the Registration Act.

5. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 4/6

6. With the above said observations, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

15.07.2022 Index :

Yes / No Internet :

Yes / No jbr To 1.The Deputy Registrar for Registration, Office of Deputy Registrar, Othakadai, Madurai.

2.The District Registrar (Admn.), Periyakulam, Theni District.

3.The Joint Sub Registrar-II, Periyakulam Sub Registration, Theni District.

4.The Tahsildar, Periyakulam Taluk, Theni District.

R.

VIJAYAKUMAR ,J.

5/6

jbr Order made in 15.07.2022 6/6