S. Oosangani v. The District Registrar (Administration)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN S. Oosangani ... Petitioner /Vs./
1. The District Registrar (Administration) Pattukkottai, Thanjavur District.
2. The Sub Registrar Keeramangalam, Pudukottai District.
3. Rajkapoor ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the record relating to the order passed by the second respondent in his proceedings Thadangal Manu No. 103/2024 dated 03.12.2024 and quash the same as illegal consequently directing the second respondent to register the objection petitioner dated 02.12.2024 and hear the petition while entertaining any documents for registration in respect of the properties comprised in Survey Nos. 172/21F1, 172/21G2, 196/1A, 173/6 and 173/7 measuring to an extent of 0.8.50 Hectare, 0.4.00 Hectare, 0.8.00 Hectare, 0.7.50 Hectare and 0.6.50 Hectare respectively situated at Keeramangalam North village, Alangudi Taluk, Pudukottai District. 1/5
For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1&2
ORDER
This Writ Petition has been filed challenging the order passed by the second respondent dated 03.12.2024, on the protest petition filed by the petitioner, thereby informed the petitioner that if any document presented for registration by the third respondent, it will be registered in accordance with law.
2. Heard the learned counsel on either side and perused the materials available on record.
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3. The petitioner's mother had executed a settlement deed comprised in Survey No. 172/21F1, situated at Keeramangalam North village, Alangudi Taluk, Pudukottai District in favour of the third respondent vide document No.1372/2022 dated 22.07.2022. His mother owned other properties comprised in Survey Nos. 172/21G2, 196/1A, 173/6 and 173/7 situated at Keeramangalam North village, Alangudi Taluk. However, the third respondent is now attempted to sell all the properties which were not settled in his favour. Therefore, the petitioner submitted protest petition. The second respondent passed an order informing the petitioner that if any document is presented by the third respondent for registration, it will be registered. If any document presented for registration, the second respondent ought to have conducted enquiry as per the judgment of the Hon'ble Division Bench of this Court in the case of Sudha Ravikumar v. The Special Commissioner reported in AIR 2017 Mad 203.
5. In view of the above, if any document presented for registration in respect of the property in Survey Nos. 172/21F1, 172/21G2, 196/1A, 173/6 and 173/7, situated at Keeramangalam North village, Alangudi 3/5
Taluk, Pudukottai District, the second respondent is directed to issue notice to the petitioner and the third respondent and after conducting enquiry, after giving opportunity to the petitioner and the third respondent, and pass orders on merits and in accordance with law.
6. With the above direction, this Writ Petition stands disposed of . No costs.
Internet : Yes/No 27.01.2025 NCC : Yes / No LS TO:-
1. The District Registrar (Administration) Pattukkottai, Thanjavur District.
2. The Sub Registrar Keeramangalam, Pudukottai District.
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G.K.ILANTHIRAIYAN , J.
LS Order made in Dated:
27.01.2025 5/5