Madras High CourtWP(MD)/4267/2024disposed of

Angammal. D v. The District Registrar

2024-02-26Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.4267 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4267 of 2024 AND W.M.P.(MD)No.4098 of 2024 D.Angammal ... Petitioner Vs.

1. The District Collector, O/o.the District Registrar Office, Karur District, Karur.

2. The Sub Registrar, Mela Karur Sub Registration Office, Karur District.

3. N.Sivakumar ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to cancel the registration of sale Deed vide document No. 7250/2018 dated 24.09.2018 pertains to Natham Survey No. 520 C, 499/A3, 499/A2, Thanthoni Village, Karur Taluk, Melakarur Sub Division, Karur District by considering the representation of the petitioner dated 31.01.2024 and 01.02.2024.

For Petitioner : M/s.W.Pamelin For R-1 & R-2 : Mr.S.Shanmugavel, Additional Government Pleader.

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2 W.P.(MD)NO.4267 OF 2024

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2.

2. The petitioner impeaches the registration of the petition mentioned sale deed in favour of the third respondent. The petitioner obviously invokes Section 77A of the Registration Act, 1908. The learned Additional Government Pleader points out that the petitioner lodged her complaint before the second respondent whereas the first respondent is the competent authority.

3. The petitioner is at liberty to file a formal complaint before the first respondent. If such a complaint is filed, it shall be kept pending on the file of the first respondent and the first respondent will take a call in the matter based on the decision to be rendered by the Hon'ble Division Bench.

4. At the same time, liberty is granted to the petitioner to move the jurisdictional civil Court also. The petitioner states that she got knowledge of the execution of the document only recently. Hence, limitation will run from the date of knowledge. As and when the suit is 2/4

3 W.P.(MD)NO.4267 OF 2024 filed, it shall be numbered immediately. If any IA that may be filed by the petitioner, the same shall be disposed of as expeditiously as possible.

5. With this liberty to the petitioner and the direction to the first respondent as well as the direction to the trial Court, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

26.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 27.02.2024.

To:

1. The District Collector, O/o.the District Registrar Office, Karur District, Karur.

2. The Sub Registrar, Mela Karur Sub Registration Office, Karur District.

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4 W.P.(MD)NO.4267 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.4267 of 2024 26.02.2024 4/4