Madras High CourtWP(MD)/9855/2020disposed of

Arulmigu Kalyanasundareshwarar Temple v. The Inspector General Of Registration

2022-02-21Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.9855 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.9855 of 2020 and W.M.P.(MD).Nos.8832 and 8833 of 2020 Arulmigu Kalyanasundareshwarar Temple, Melur, Madurai District through its Executive Officer .. Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinampakkam, Chennai - 600 028.

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

3.A.Kanji 4.P.Ganesh Pandian .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to cancel the sale deed bearing Document No.4401 of 2017 on the file of 2nd respondent dated 21.11.2017 executed by 3rd respondent in favour of 4th respondent in respect of the property of the petitioner in Madurai District, Melur Village, S.No.185/5, measuring 0.44 1⁄2 cents.

For Petitioner : Mr.S.Manohar For Respondents : Mr.S.Shanmugavel for R1 and R2 Additional Government Pleader Mr.M.Ajmal Khan Senior Counsel for M/s.Ajmal Associates for R4

ORDER

In view of the order passed by this Court in W.P.(MD). No.16009 of 2020 dated 21.02.2022, the direction sought for by the petitioner to the second respondent to cancel the sale deed bearing document No.4401/2017, on the file of the second respondent dated 21.11.2017, cannot be granted as the same can be granted only by a competent civil Court as oral and documentary evidence are required, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.9855 of 2020 which a competent civil Court can alone adjudicate after full fledged trial.

2.In terms of the above, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinampakkam, Chennai - 600 028.

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-7672[F] dated 22/02/2022 ) +1 CC to M/s.S.MANOHAR, Advocate ( SR-7719[F] dated 22/02/2022 ) W.P(MD).No.9855 of 2020 21.02.2022 KB(09.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2