S.Leelavathy v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN S.Leelavathy ... Petitioner /Vs./
1. The District Registrar, Office of the District Registrar, Integrated Complex of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai District.
2. The Sub Registrar, Office of the Sub Registrar, Kathakkinaru, Madurai District.
... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to register the sale deed dated 18.12.2024 presented by the petitioner in accordance with law in view of the decision reported in 2020 (6) CTC 697 (N.Ramayee Vs. The Sub Registrar, Registration Department, Salem) and for other such reliefs, within the period stipulated by this Court. 1/4
For Petitioner : Mr.S.Atham Ali For Respondents : Mr.D.Sadiq Raja, Addl. Government Pleader
ORDER
This writ petition has been filed seeking for a direction to the second respondent to register the sale deed dated 18.12.2024 presented by the petitioner.
2. Heard the learned counsel on either side and perused the materials placed before this Court.
3. The petitioner is claiming title over the property comprised in R.S.No.14/2 measuring to an extent of 19 cents situated at Kadakinaru Village, Madurai District, by way of purchase vide Document No.3918 of 2013 dated 21.08.2013. However, Document No.3918 of 2013 dated 21.08.2013 was already declared as fraudulent one by the first 2/4
respondent, vide proceedings in Na.Ka.No.3490/Aa1/2013 dated 31.05.2016. Subsequently, the petitioner herself is declared as she is the owner of the subject property by execution of the affidavit and got registered with the second respondent. On the basis of the said affidavit, the petitioner cannot claim title over the property, since already the sale deed which the petitioner purchased the subject property was declared as voidable. Therefore, the direction sought for in this writ petition cannot be granted. This writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs.
31.01.2025 Index : Yes / No NCC : Yes / No Sm TO:-
1. The District Registrar, Office of the District Registrar, Integrated Complex of Registration Department, TNAU Nagar, Rajakambeeram, Y.Othakadai, Madurai District.
2. The Sub Registrar, Office of the Sub Registrar, Kathakkinaru, Madurai District.
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G.K.ILANTHIRAIYAN , J.
Sm Order made in Dated:
31.01.2025 4/4