V.Chandran v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY V.Chandran ... Petitioner Vs.

1. The District Registrar (Administration), Combined Registrar Office, Dindigul.

2. The Sub Registrar, Nilakottai Taluk, Dindigul District.

3. The Tahsildar, Nilakottai Taluk, Dindigul District.

4. M/s.Kodai Valley Orchads Private Limited, Registered Office at No.34, Thirumalai Road, T.Nagar, Chennai - 600 017, Site at Kunnuvarankottai, Represented by its Authorized Signatory, R.Rangarajan ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.7104/A1/2024 dated 1/6

27.12.2024 passed by the 1st respondent and quash the same and further direct the 1st respondent to remove the encumbrance on the land of petitioner made through fraudulent document bearing No.1887/2000 dated 30.05.2000 on the file of Sub Registrar Office, Batlagundu and to initiate the proceedings immediately and adjudicate the matter within a time frame.

For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.D.Sasikumar Additional Government Pleader for R1 to R3 Mr.S.Srinivasaraghavan for R4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order in Na.Ka.No. 7104/A1/2024 dated 27.12.2024 passed by the 1st respondent and further direct the 1st respondent to remove the encumbrance on the land of petitioner made through fraudulent document bearing No. 1887/2000 dated 30.05.2000 on the file of Sub Registrar Office, Batlagundu and to initiate the proceedings immediately and adjudicate the matter within a time frame.

2. The learned counsel for the fourth respondent submitted that admittedly, there is a suit in O.S.No.17/16 on the file of the District Munsif Court, Nilakkottai is pending regarding the same issue. Further, he submitted that 2/6

cancellation cannot be done by the authorities for which the petitioner ought to have approach the civil court.

3. After considering the submissions, this Court is of the considered opinion that the respondent had limited power under Section 83 of the Registration Act. Incase, if there is any impersonation or any fraudulent document executed, that alone can be considered. Moreover, conducting any enquiry under Section 77A cannot be allowed since the said Section was already struck down. Hence, the respondent cannot conduct any enquiry. Since the suit is pending for determining the rights of the parties, the present complaint cannot be entertained, and consequently, the prayer in this writ petition cannot be entertained. 4.With the above observations, this Writ Petition is dismissed. However, liberty is granted to all the parties to contest the litigation which is already pending. There shall be no order as to costs. 29.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL To 3/6

1. The District Registrar (Administration), Combined Registrar Office, Dindigul.

2. The Sub Registrar, Nilakottai Taluk, Dindigul District.

3. The Tahsildar, Nilakottai Taluk, Dindigul District.

4/6

5/6

S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 29.08.2025 6/6