← Library
Madras High CourtWP(MD)/7082/2022disposed of

Peter Raj .S v. The District Registrar

2022-04-13Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.7082 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.7082 of 2022 S.Peter Raj ... Petitioner /Vs./ 1.The District Regisrar, Madurai South, Madurai.

2.The Sub Registrar, Thirupparankuntram Sub Registrar Office, Madurai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to cancel the sale deed number 1542/2020 dated 19.06.2020 registered before the 2nd respondent by considering the petitioner's representations dated 09.03.2022 and 16.03.2022. For Petitioner : Mr.I.Robert Chandrakumar For Respondents : Mr.J.John Rajadurai Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to cancel the sale deed bearing Document No.1542/2020 dated 19.06.2020 based on the petitioner's representations dated 09.03.2022 and 16.03.2022, within a time frame to be fixed by this Court.

2.According to the petitioner, by virtue of the resolution passed by the Society, a sale deed bearing Document No.1542/2020 dated 19.06.2020 has been registered fraudulently. According to him, he was a member of the Society and he withdrew his signature for registration of the sale deed. But despite the same, the sale deed has been executed and registered. In such circumstances, the petitioner has given representations on 09.03.2022 and 16.03.2022. Since the representations have not been considered till date, he has filed this writ petition.

3.Heard Mr.I.Robert Chandrakumar, learned Counsel for the writ petitioner and Mr.J.John Rajadurai, learned Government Advocate, who accepts notice on behalf of the respondents.

4.According to the petitioner, Maria Grace Rural Educational Society is the seller, registered under the Tamil Nadu Societies Registration Act, 1975. He is the member of the said Society and a resolution was passed in the year 2016. By virtue of the same, the sale deed came to be executed on 19.06.2020. According to him, even https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7082 of 2022 before the execution of the sale deed, the petitioner has withdrawn his signature for registration of the sale deed dated 19.06.2020. It is for the respondents to consider the petitioner's contentions on merits and in accordance with law.

5.No prejudice would be caused to the respondents, if the petitioner's representations seeking for cancellation of the sale deed dated 19.06.2020 registered as Document No.1542/2020 are considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the respondents deem fit to enquire.

6.For the foregoing reasons, this Court directs the respondents to consider the petitioner's representations dated 09.03.2022 and 16.03.2022 seeking for cancellation of the sale deed dated 19.06.2020 registered as Document No.1542 of 2020 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the respondents deem fit to enquire, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) sm To 1.The District Registrar, Madurai South, Madurai.

2.The Sub Registrar, Thirupparankuntram Sub Registrar Office, Madurai District.

+1 CC to M/s.SPL.GP. ( SR-18952[F] dated 18/04/2022 ) W.P.[MD]No.7082 of 2022 13.04.2022 SJ(CO) KB(05.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2