B.Jeyanthi v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Twelfth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR IN WP(MD)No.16597 of 2019 B.JEYANTHI ... PETITIONER/PETITIONER Vs 1 THE DISTRICT REGISTRAR TUTICORIN REGISTRATION DISTRICT, TUTICORIN 2 THE SUB-REGISTRAR PUDUKKOTAI, TUTICORIN 3 THE SUB-REGISTRAR KEELOOR, TUTICORIN 4 B.BALA POISOLLAN ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to clarify the Interim direction dated 25.07.2019 made in WMP(MD) No.13235 of 2019 in WP(MD) No.

16897 of 2019 as The respondents shall not act upon adversely against the petitioner pursuant to the impugned order of cancellation and also the 4th respondent is hereby restrained from encumbering or alienating the property in question covered under the document No.3777/2015 duly registered before the 3rd respondent/Sub registrar INSTEAD OF The respondents shall not act upon adversely against the petitioner pursuant to the impugned order of cancellation and also the 4th respondent is hereby restrained from encumbering or alienating the properly in question covered under the document No.3337/2015 duly regiStered before the 3rd respondent/Sub-Registrar. Prayer in WP(MD).

WRIT OF MANDAMUS To directing the 1st respondent to cancel the unilateral cancellation of settlement deed in Doc.No.1110/2019 dated 21.03.2019 on the sub-registrar, Pudukottai, Tuticorin District 1/3

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.SENTHIL KUMARAIAH, Advocate for the petitioner and of Mr.D.GHANDIRAJ, Government Advocate for Respondent Nos.1 to 3, the court made the following order:- Along with the main writ petition, two miscellaneous petitions in W.M.P.(MD).Nos.13233 and 13235 of 2019 were filed. After hearing those miscellaneous petitions, interim order was passed by this Court on 25.07.2017, wherein a direction was given that the respondents shall not act upon adversely against the petitioner, pursuant to the impugned order of cancellation, and also the fourth respondent was hereby restrained from encumbering or alienating the property in question covered under the Document No.3337/2015 duly registered by the third respondent, Sub Registrar.

2.While passing the interim order, instead of mentioning the Document No.3777/15, it has been wrongly mentioned as Document No.3337/2015, since because of this typographical error, in order to clarify the same and to rectify it, the present miscellaneous petition has been filed.

3.After hearing the learned counsel appearing for both sides, and having gone through the interim order dated 25.07.2019, where at line-5, Document number has been mentioned as 3337/15 wrongly, instead of 3777/15, therefore, the following clarification is issued:

'that the Document No.3337/15 occurred in line-5 of the interim order dated 25.07.2019 made in W.M.P (MD).Nos.13233 and 13235 of 2019 in W.P(MD).No.16597 of 2019 shall be read as Document No.3777/15.' 4.Registry is directed to issue the corrected copy of the order to the parties. This W.M.P(MD).No.8453 of 2021 is ordered accordingly.

sd/- 12/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 DISTRICT REGISTRAR TUTICORIN REGISTRATION DISTRICT, TUTICORIN 2 THE SUB-REGISTRAR PUDUKKOTAI, TUTICORIN 3 THE SUB-REGISTRAR KEELOOR, TUTICORIN

ORDER

IN IN WP(MD)No.16597 of 2019 Date :12/08/2021 SA/PN/SAR.4/17.08.2021/3P/4C 3/3