Madras High CourtWP(MD)/2845/2023disposed of

S V Balsamy Iyer And Brothers Trust v. The District Registrar (Administration)

2023-10-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.V.Balsamy Iyer & Brothers Trust Rep.by its Present Manager, S.K.Ganesan ... Petitioner v.

1.The District Registrar (Administration), District Collector Office Compound, Dindigul, Dindigul District.

2.Joint 2 Sub Registrar, District Collector Office Compound, Dindigul, Dindigul District - 624 004.

3.Jayalakhsmi 4.Sridevi 5.R.Seenithaai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records culminating in the impugned order bearing Na.Ka.No.6329/A3/2021 issued by the 1st respondent and quash the same and confirm the 2nd respondent registered intimation as Document No.60/2022 and directing the 1st respondent to cancel the documents bearing registration Nos.2392 of 2002, 1/4

2703 of 2002 and 1009 of 2003 in favour of 3rd to 5th respondents respectively as null and void.

For Petitioner : Mr.N.Anantha Padmanaban, Senior Counsel for Mr.A.Sathasivam For Respondents : Mr.C.Satheesh, Government Advocate for R1 & R2 Mr.R.Anand for R3 Mr.J.Lawrance for R4

ORDER

Heard the learned Senior Counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the first and second respondents and the learned counsel for the private respondents. 2.The case of the petitioner is that a property belonging to the petitioner's trust was unlawfully and is legally alienated. They submitted a petition before the first respondent for declaring the petition-mentioned sale deed as fraudulent. The first respondent vide proceedings dated 08.12.2022 relegated the petitioner to move the jurisdictional civil court. Challenging the same, this present writ petition came to be filed. 2/4

3.The documents in question are of the year 2002 and 2003. I am of the view that the first respondent rightly relegated the petitioner to go before the jurisdictional civil court. Interference is not warranted. If the petitioner files any civil suit within a period of four weeks from the date of receipt of copy of this order, the jurisdictional civil court shall dispose of the same within a period of nine months thereafter. The contentions of both parties are left open.

4.This writ petition is disposed of. No costs. 30.10.2023 Index : Yes / No Internet : Yes / No Skm To 1.The District Registrar (Administration), District Collector Office Compound, Dindigul, Dindigul District.

2.Joint 2 Sub Registrar, District Collector Office Compound, Dindigul, Dindigul District - 624 004.

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G.R.SWAMINATHAN, J.

SKM 30.10.2023 4/4