Sermakani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.1638 of 2021 Sermakani ... Petitioner -vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Registrar, District Registration Office, Tirunelveli Distirct, Tirunelveli.

3.The Tahsildar, Nanguneri Taluk, 4.The Sub Registrar Office, Valliyoor, 5.T.Uduman Mydeen, Sub Registrar, Valliyoor, 1/6

6.The Inspector of Police, Ervadi Police Station, Ervadi, 7.Baskar 8.Lalithabai 9.Kannan 10.Sudhagar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned sale deed in Doc.No.1661/2019, dated 12.07.2019, executed by the seventh respondent in favour of ninth respondent and impugned MOD in Doc.No.1875/2020, dated 10.09.2020, duly registered on the file of the fourth respondent SRO, quash the same as per se illegal by virtue of the Circular issued by the Inspector General of Registration, Chennai, in Letter No.41530/U1/2017, dated 31.07.2018 and consequently, direct the respondents 2 and 4 to delete the aforesaid entry in the encumbrance in respect of property in Sy.No.122/17B (Old Sy.No.122) in Ramakrishnapuram Village, Thalapathisamudram Part II Village Panchayat, Nanguneri Taluk, Tirunelveli District, within the time stipulated by this Court. For Petitioner :

Mr.P.M.Vishnuvarthanan For R1 to R4 :

Mr.K.S.Selvaganesan Additional Government Pleader For R5 :

No Appearance 2/6

For R6 :

Mr.S.Manikandan Government Advocate (Criminal side) For R7 and R9 :

Mr.G.Thalaimutharasu For R10 :

Mr.B.Brijesh Kishore

ORDER

This Writ Petition has been filed challenging impugned sale deed in Doc.No.1661/2019, dated 12.07.2019, executed by the seventh respondent in favour of the ninth respondent and the impugned MOD in Doc.No. 1875/2020, dated 10.09.2020, duly registered on the file of the fourth respondent and consequently, direct the respondents 2 and 4 to delete the aforesaid entry in the encumbrance in respect of property in Sy.No.122/17B (Old Sy.No.122) at Ramakrishnapuram Village, Thalapathisamudram Part II Village Panchayat, Nanguneri Taluk, Tirunelveli District, within the time frame fixed by this Court.

2. When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 produced the written instructions received from the Sub-Registrar, Valliyoor. On going through the same, it is clear that the petitioner and the ninth 3/6

respondent have jointly executed a Power of Attorney in favour of one Ramanujam, which was registered as Document No.701 of 2022. Based on this Power of Attorney document, the property has been sold in favour of one Siva Selvamani, which has been registered as Document No.720 of 2022 and he in turn has sold the property in favour of one Muthulakshmi, which has been registered as Document No.3417 of 2022.

3. Recording the above, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is also closed. NCC : Yes/No 14.12.2023 Index : Yes/No To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Registrar, District Registration Office, Tirunelveli Distirct, Tirunelveli.

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3.The Tahsildar, Nanguneri Taluk, 4.The Sub Registrar Office, Valliyoor, 5.The Inspector of Police, Ervadi Police Station, Ervadi, 5/6

N.ANAND VENKATESH, J.

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