Velmurugan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Velmurugan ... Petitioner Vs.

1.The District Registrar, District Registrar Office, Virudhunagar, 2.The District Registrar, Ramanathapuram, Ramanathapuram District.

3.The Sub-Registrar, Sub-Registrar Office, Veeracholan, 4.Kalarani 5.Ashok 6.Manju 7.Gomathi 8.Jothi Murugan 1/4

9.Aandisamy 10.Kuppusamy @ Karuppasamy 11.Sivakumar 12.Ravikumar 13.Thiyagarajan 14.Ukirapandi 15.Ramana Reddi 16.Kavitha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to conduct an enquiry and cancel the fraudulent document registered as sale deed Doc.No.642/2008, dated 09.06.2008 at the third respondent Sub-Registrar Office by the respondents 7 to 12 with regard the petitioner's properties of bearing Survey Nos.308/2 an extent of 2 Acre, 77 Cents, Survey No.308/1- an extent of 79 cent of 2 Acre, 77 Cents, Survey No.308/1- an extent of 79 cents Patta No.1101 situated at Naalur Revenue Village, Thiruchuzhi Taluk, For Petitioner : Mr.R.Murugappan For Respondents : Mr.N.Satheeskumar Additional Government Pleader for R1 to R3 2/4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents.

2. The petitioner seeks cancellation of the petition mentioned document. It was registered and executed way back in the year 2008. During the relevant time, Section 77A of the Registration Act was not in the statute book. IG of registration had also not issued the circulars which enable the District Registrar to conduct enquiry into the fraudulent registration. The petitioner cannot take advantage of subsequently issued circular or introduced the statutory provision. They do not operate retrospectively.

3. For the reasons set out vide order dated 02.01.2023 in W.P.(MD)No. 6947 of 2019, (E.Geetha Helan Alexandria Vs. Joint Sub Registrar No.II, Dindigul) the writ petition stands dismissed. I make it clear that I have not gone into the merits of the matter. All the civil rights of the petitioner which are otherwise available remain intact. The petitioner can very well establish them in the manner known to law. No costs.

27.02.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The District Registrar, District Registrar Office, Virudhunagar, 2.The District Registrar, Ramanathapuram, Ramanathapuram District.

3.The Sub-Registrar, Sub-Registrar Office, Veeracholan, 27.02.2023 4/4