Packiyalakshmi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Packiyalakshmi ... Petitioner Vs.

1.The District Registrar, Registration Department, Madurai, Madurai District.

2.The Sub Registrar, Office of Sub Registrar, Rajakambeeram, Y.Othakadai, Madurai District.

3.The Joint-4 Registrar, Office of Joint-4 Registrar, Palanganatham, Madurai.

4.Pandian 5.Thirunavukarasu @ KT Arasu 6.Sethupathi

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent not to register any sale deed, mortgage deed and any document pertaining to the Nanja land in Re-Survey No.287/5A with an extent of 74 cents situated at Madakulam Village, Madurai South Taluk, Madurai District on the basis of the petitioner's representation dated 17.09.2021.

For Petitioner : Mr.S.Muniyandi For R-1 to R-3 : Mr.S.Shanmugavel, Additional Government Pleader.

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ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent not to register any sale deed, mortgage deed and any other document pertaining to the Nanja land in Re-Survey No.287/5A measuring an extent of 74 cents situated at Madakulam Village, Madurai South Taluk, Madurai District based on the petitioner's representation dated 17.09.2021 within a time frame to be fixed by this Court.

2. Heard Mr.S.Muniyandi, learned counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

3. The learned Additional Government Pleader has received instructions from the official respondents stating that based on the petitioner's representation, enquiry has already been initiated by the first respondent.

4. Since enquiry proceedings has already been commenced, this Court is of the considered view that no prejudice would be caused to the respondents, if a direction is given by this Court to the first respondent to pass final orders based on the petitioner's representation dated 17.09.2021, after affording a fair hearing to the petitioner as well as the respondents 4 to 6 and any other necessary party, whom the first respondent deems fit to enquire, within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's representation dated 17.09.2021 requesting the official respondents not to register any sale deed, mortgage deed and any other document pertaining to the Nanja land in Re-Survey No.287/5A measuring an extent of 74 cents situated at Madakulam Village, Madurai South Taluk, Madurai District within a period of three (3) months from the date of receipt of a copy of this order after affording a fair hearing to the petitioner as well as the respondents 4 to 6 and any other necessary party, whom the first respondent deems fit to enquire, including granting them the right of personal hearing.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3

To 1.The District Registrar, Registration Department, Madurai, Madurai District.

2.The Sub Registrar, Office of Sub Registrar, Rajakambeeram, Y.Othakadai, Madurai District.

3.The Joint-4 Registrar, Office of Joint-4 Registrar, Palanganatham, Madurai.

+1 CC to M/s.SPL.GP ( SR-20058[F] dated 21/04/2022 ) 20.04.2022 RK(05/05/2022) 3P 5C 3/3