Jegan Prasath v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.8102 of 2024

1. Jegan Prasath

2. Ramaiah

3. Krishnan ... Petitioners /Vs./

1. The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600028.

2. The District Registrar Ramanathapuram.

3. The Sub Registrar Bogalur, Ramanathapuram District.

4. Ramamoorthy Sub Registrar, Bogalur, Ramanathapuram District.

5. Sumathi

6. Jeyamalar

7. Ramu

8. Rakku .. Respondents 1/5

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned sale deed dated 13.03.2024 registered as Document No. 327 of 2024 on the file of the 3rd respondent executed by the respondents 7 and 8 in favour of the respondents 5 and 6 and quash the registration of the same and consequentially directing the 3rd respondent to register the sale deed dated 07.12.2023 executed by the petitioners 2 and 3 in favour of the 1st petitioner.

For Petitioners : Mr.J.Barathan For Respondents : Mr.M.Sarangan Additional Government Pleader for R1-3 : Mr.M.Solaisamy for R4 : Mr.M.Mahaboob Fazil for R5 - 8

ORDER

This Writ Petition has been filed challenging the sale deed dated 13.03.2024 registered vide Document No. 327 of 2024 executed by the respondents 7 and 8 in favour of the respondents 5 and 6 herein.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

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3. The property comprised in Survey No.199/2A situated at Ettivayal village, Paramakudi Taluk, Ramanathapuram District, measuring to an extent of 61.75 cents belonged to one Mangalam, S/o.Muniyandi Konar, who is none other than the father of the petitioners 2 and 3. After his demise, the petitioners 2 and 3 derived the title over the property and mutated in their favour. Now, the petitioners 2 and 3 executed the sale deed in favour of the first petitioner and presented for registration on 07.12.2023. However, it was refused to register on the ground that the petitioners 2 and 3 were directed to place all revenue records and patta issued in their favour. In the meanwhile, the respondents 7 and 8, without any title over the very same property, had executed a sale deed in favour of the respondents 5 and 6 and the same was registered vide document No.327/2024 on 13.03.2024.

4. The petitioner challenged the sale deed vide document No. 327/2024 dated 13.03.2024 in this writ petition. However, it cannot be challenged by way of a writ petition, that too on the ground that the respondents 7 and 8 have no title over the property. Therefore, the 3/5

petitioners ought to have approached the civil Court for appropriate relief.

5. In view of the above, the Writ Petition is devoid of merit and the same is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

09.01.2025 Internet : Yes/No NCC : Yes / No Index : Yes/No LS TO:-

1. The Inspector General of Registration, Door No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai - 600028.

2. The District Registrar Ramanathapuram.

3. The Sub Registrar Bogalur, Ramanathapuram District.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

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