Madras High CourtWP(MD)/8740/2022disposed of

Lingammal v. The District Registrar

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.8740 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.8740 of 2022 Lingammal ... Petitioner vs.

1.The District Registrar, O/o. the District Registrar, Dindigul District.

2.The Sub Registrar, O/o.the Sub Registrar, Vedasanthur, Dindigul District.

3.The Tahsildar, O/o.the Tahsildar, Dindigul West Taluk, Dindigul District.

4.A.Balasubramani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to cancel the sale deed document vide No.3257/2021 dated 16.11.2021 on the file of the 2nd respondent by considering the representation of the petitioner dated 11.03.2022. For Petitioner :Mr.V.Muthu Samundeeswaran For R1 to R3 :Mr.S.Shanmugavel Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to cancel the sale deed registered as Doc.No.3257/2021 dated 16.11.2021 on the ground that the said sale deed is a fraudulent document. The petitioner has given a representation on 11.03.2022 for the said purpose. 2.According to the petitioner, the property, which is the subject matter of the aforementioned sale deed, is an ancestral property. According to the petitioner, she is aged about 72 years old. She has been cheated on the pretext that document to be executed is a partition deed, whereas, a sale deed has been executed. In such circumstances, the petitioner has given a representation on 11.03.2022 seeking for cancellation of the aforementioned sale deed. Since the said representation has not been considered till date, she has filed this Writ Petition. 3.No prejudice will be cased to the respondents, if the petitioner's representation is considered on merits and in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8740 of 2022 accordance with law after affording a fair hearing to the petitioner and the fourth respondent and any other necessary party whom the first respondent deems fit to enquire within a time frame to be fixed by this Court.

4.For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's representation, dated 11.03.2022 seeking for cancellation of the sale deed registered as Doc.No.3257/2021 dated 16.11.2021 on the ground that it is a fraudulent document, on merits and in accordance with law after affording a fair hearing to the petitioner and the fourth respondent and any other necessary party, whom the first respondent deems fit to enquire including granting them the right of personal hearing within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Registrar, O/o. the District Registrar, Dindigul District.

2.The Sub Registrar, O/o.the Sub Registrar, Vedasanthur, Dindigul District.

3.The Tahsildar, O/o.the Tahsildar, Dindigul West Taluk, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-23316[F] dated 04/05/2022 ) Order made in W.P.(MD)No.8740 of 2022 29.04.2022 GM(CO) GC(18.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2