Mohan @ Mohana Sundaram v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.1463 of 2025 Mohan @ Mohana Sundaram ... Petitioner /Vs./
1. The District Registrar, District Registration Office, Sivagangai, Sivagangai District.
2. The Sub-Registrar, Sub-Registrar Office, Manamadurai, Sivagangai District.
3. Nagalakshmi
4. Sabarinathan
5. Malathy
6. Karthick
7. Ramalingam ... Respondents 1/6
P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's objection petition dated 01.07.2024 and hear him if any document filed by the respondents 3 to 5 and their men for registration in connection with Survey Nos.120/1A, 120/1B, 120/2B, 120/3, 120/5, 121/1C, 121/2B situated at Kalkurichi Village, Seikalathur Group, Manamadurai Taluk, Sivagangai District.
For Petitioner : Mr.R.Murugappan For Respondents : Mr.S.P.Maharajan (R1 & R2) Spl. Govt. Pleader
ORDER
This writ petition has been filed seeking for a direction to the second respondent to consider the objections raised by the petitioner not to register any document, which is presented by the respondents 3 to 5 herein in respect of the property comprised in Survey Nos.120/1A, 120/1B, 120/2B, 120/3, 120/5, 121/1C, 121/2B situated at Kalkurichi Village, Seikalathur Group, Manamadurai Taluk, Sivagangai District. 2/6
2. Heard the learned counsel on either side and perused the materials placed before this Court.
3. The case of the petitioner is that the petitioner claimed title over the subject property. While being so, the respondents 3 to 5 also claims title over the property. Therefore, the petitioner submitted an objection before registering authority not to register any deed presented for registration by the respondents 3 to 5 herein in respect of the subject property.
4. On perusal of the records, it reveals that the petitioner submitted objection only by way of representation and not in the form of protest petition and did not pay any requisite fee.
5. In view of the above, the petitioner is at liberty to file a protest petition along with requisite fee and on receipt of the same, the second respondent is directed to conduct an enquiry on presentation of any documents for registration by the respondents 3 to 5 herein in respect of the subject property, after giving an opportunity of hearing to both the 3/6
parties and to pass orders on merits and in accordance with law. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
24.01.2025 Index : Yes / No NCC : Yes / No Sm 4/6
TO:-
1. The District Registrar, District Registration Office, Sivagangai, Sivagangai District.
2. The Sub-Registrar, Sub-Registrar Office, Manamadurai, Sivagangai District.
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G.K.ILANTHIRAIYAN , J.
Sm Order made in Dated:
24.01.2025 6/6