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Madras High CourtWP(MD)/3876/2022disposed of

Radha.A v. The District Registrar

2022-03-02Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Radha ... Petitioner vs.

1.The District Registrar, Integrated Registration Office Campus, District Court Campus, Trichy, Trichy District.

2.The Joint Sub Registrar, Office of the Joint No.1 Sub Registrar, Thiruverumbur, Trichy District.

3.The Tahsildar, Thiruverumbur Tahsildar Office, Trichy District.

4.Balasubramanian 5.Bhanumathi 6.Shashikala ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to cancel the void Sale Deed document vide Doc.No.1856/2020 dated 22.05.2020 and Doc.No.1855 of 2020 on 21.05.2020 registered before the second respondent office on the properties comprised in Patta No.1240 and Patta No.1241 in Survey Nos.12/4A and 12/4B, situated at Aarasakudi Main Road, Thiruverumbur Taluk, Trichy District to an extent of 62 cents by considering petitioner's representation dated 15.02.2022.

For Petitioner :Mr.S.Vikram For Respondents :Mr.J.John Rajadurai Nos.1 to 3 Government Advocate *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to cancel the Sale Deed document vide Doc.No.1856/2020 dated 22.05.2020 and Doc.No.1855 of 2020 on 21.05.2020 registered before the second respondent office pertaining to the properties comprised in Patta No.1240 and Patta No.1241 in Survey Nos.12/4A and 12/4B, situated at Aarasakudi Main Road, 1/3

Thiruverumbur Taluk, Trichy District to an extent of 62 cents based on the representation of the petitioner, dated 15.02.2022 within a time frame to be fixed by this Court.

2.It is the case of the petitioner that the aforementioned sale deeds were fraudulently registered in the names of the respondents 4 to 6. He has given a representation on 15.02.2022 seeking for cancellation of the aforesaid documents. It is also the case of the petitioner that a suit pertaining to the very same property involved in the aforementioned sale deeds is also pending. Since the representation has not been considered till date, the present Writ Petition has been filed.

3.Heard Mr.S.Vikram, learned Counsel for the petitioner and Mr.J.John Rajadurai, learned Government Advocate appearing for the respondents 1 to 3.

4.On instructions, Mr.J.John learned Government Advocate for the respondents submits that the official respondents are prepared to consider the petitioner's representation after affording a fair hearing to the petitioner as well as the respondents 4 to 6 and other rival claimants, if any. The said statement is recorded. 5.Accordingly, this Court directs the first respondent to consider the petitioner's representation, dated 15.02.2022 seeking for cancellation of the sale deeds registered vide Doc.No.1856/2020 dated 22.05.2020 and Doc.No.1855 of 2020 on 21.05.2020 registered before the second respondent office on the properties comprised in Patta No.1240 and Patta No.1241 in Survey Nos.

12/4A and 12/4B, situated at Aarasakudi Main Road, Thiruverumbur Taluk, Trichy District and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the respondents 4 to 6 and other rival claimants, if any, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr 2/3

To 1.The District Registrar, Integrated Registration Office Campus, District Court Campus, Trichy, Trichy District.

2.The Joint Sub Registrar, Office of the Joint No.1 Sub Registrar, Thiruverumbur, Trichy District.

3.The Tahsildar, Thiruverumbur Tahsildar Office, Trichy District.

Order made in 02.03.2022 rj(CO) TR(11.03.2022) 3P 4C 3/3