Madras High CourtWP(MD)/6524/2019disposed of

Vijayalakhsmi v. The District Registrar

2019-04-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6524 of 2019 and W.M.P.(MD)No.5211 of 2019 Vijayalakshmi ... Petitioner Vs

1. The District Registrar, Registration Department, Tenkasi, Tirunelveli District.

2. The Sub-Registrar, Alankulam, Tirunelveli District.

3. The Sub Registrar, Mukkudal, Tirunelveli District.

4. The Tahsildar, Cheranmahadevi, Tirunelveli District.

5.K.Jeyabalan 6.J.Prabavathy 7.C.Athimoolam 8.P.Dhandapani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to annul the registration of sale deed bearing No.1/995/2019 dated 26.02.2019 insofar as the petitioner's property in Survey No.277/1 situated at Pappakudi-II, Tirunelveli District and also take action against the erring officials and also criminal action against the respondents 2-8 in accordance with law. For Petitioner : Mr.S.Siva Ilayaraja For R1 to R4 : Mr.M.Murugan Government Advocate

ORDER

The primary relief sought in this writ petition is for annulling the registration of the sale deed dated 26.02.2019 in respect of the petition mentioned property.

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2. The said relief cannot be granted in writ proceedings. As

held by the Hon'ble Supreme Court in the case of Satya Pal Anand Vs. State of Madhya Pradesh and others [(2016) 10 SCC 767], it is the Civil Court that can alone grant relief.

3. However, a direction can be given to the first respondent to conduct an enquiry in the light of the circular bearing Letter No.41530/U1/2017 dated 31.07.2018 on the petitioner's representation dated 14.03.2019. The first respondent shall conclude the proceedings within a period of twelve weeks from the date of receipt of a copy of this order. The first respondent shall ofcourse put all the interested parties on notice.

4. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The District Registrar, Registration Department, Tenkasi, Tirunelveli District.

2. The Sub-Registrar, Alankulam, Tirunelveli District.

3. The Sub Registrar, Mukkudal, Tirunelveli District.

4. The Tahsildar, Cheranmahadevi, Tirunelveli District.

+1 CC to Mr.S.SIVA ILAYARAJA, Advocate ( SR-61503[F] dated 22/04/2019 ) +1 CC to SPECIAL GOVERNMENT PLEADER ( SR-62141[F] dated 24/04/2019 ) W.P.(MD)No.6524 of 2019 22.04.2019 ta AE/ (14.05.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/