Murugesan v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023

CORAM

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

1.The District Registrar, Office of the District Registrar, Ramanathapuram District.

2.The Sub-Registrar, No.2, Office of the Sub-Registrar, Ramanathapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to cancel the Power Deed dated 26.03.2009, as Document No.126/2009 and Sale Deed dated 13.04.2009, as Document No.478/2009 on the file of the 2nd respondent by considering the petitioner's representation dated 15.02.2022. For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.C.Satheesh, Government Advocate.

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ORDER

Heard both sides.

2.The petitioner's case is that after executing sale deed in his favour, his lessor executed the petition mentioned power of attorney and sale deed. The petitioner wants the same to be cancelled. 3.When the matter was taken up for hearing, the learned Government Advocate pointed out that the petitioner is relying on an unregistered lease deed and that therefore, this Court may not entertain the writ petition. He also would point out that the necessary parties, namely, the power agent as well as the purchaser have not been impleaded.

4.I find force in both the objections raised by the learned Government Advocate. The petitioner has to move the jurisdictional Civil Court for appropriate relief. I make it clear that I have not gone into the merits of the matter.

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5.With this liberty to the petitioner, the writ petition is disposed of. No costs.

09.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Registrar, Office of the District Registrar, Ramanathapuram District.

2.The Sub-Registrar, No.2, Office of the Sub-Registrar, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

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