Meenakshi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Meenakshi ... Petitioner Vs.

1.The District Registrar, Madurai District Registration Office, No.171, Mahal Road, Madurai South, Madurai District.

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

3Ayyee Ammal @ Malaiyammal 4.Vasantha 5.Malaiyandi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 that to conduct proper enquiry with regard to the 1/4

fraudulent registrations, made in respect of the lands in Survey Nos. 90/9 (14 cents), 91/2 (33 cents), 93/5 (15 cents), 93/8 (35 cents), 55/9 (21 cents) and 55/4 (22 cents), situating in Karutha Puliyan Patti Village, Melur Taluk, Madurai District, based on the petitioner's representations dated 11.09.2021 and 02.10.2021 and to pass appropriate orders for cancelling the fraudulent registrations, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 & R.2

ORDER

Heard both sides.

2. The petitioner complained to the first respondent that in respect of the petition mentioned lands several fraudulent registrations had taken place. In paragraph 4 of the affidavit filed in support of the writ petition, the details of the documents have been set out. The earliest document is dated 07.07.1993. The latest document is dated 13.06.2018.

3. Certain circulars were issued in the year 2017 and 2018 for conducting enquiry into fraudulent registrations. Since major chunk of 2/4

the offending documents set out in paragraph 4 of the writ petitioner's affidavit were executed before 2017, it is only just and proper that the establishes her right before the jurisdictional civil Court.

4. The learned counsel appearing for the petitioner states that the petitioner has already obtained preliminary decree in the partition suit. The petitioner has to necessarily work out her rights in the final decree.

5. Granting liberty to the writ petitioner to pursue her remedy before the civil Court either by filing an independent suit or by filing final decree proceedings, this writ petition is disposed of. I make it clear that I have not gone into the merits of the matter. The non grant of relief in the writ petition will not cast any aspersion on the writ petitioner's right. There shall be no order as to costs. 17.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Registrar, Madurai District Registration Office, No.171, Mahal Road, Madurai South, Madurai District.

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

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