Madras High CourtWP(MD)/12629/2023disposed of

Muthupandi v. The Deputy Inspector General Of Registration

2023-12-21Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD) Nos.10660 and 24947 of 2023 Muthupandi ... Petitioner Vs.

1.The Deputy Inspector General of Registration, Registration Department, Tirunelveli District, Tirunelveli.

2.The District Registrar, Tenkasi District, Tenkasi.

3.V.S.Velayutham ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.522/Thabi/2022, dated 12.05.2022 and quash the same.

1/4

For Petitioner : Mr.C.Iyyapparaj For R1 & R2 : Mr.V.Nirmal Kumar Government Advocate For R3 : Mr.N.Dilip Kumar

O R D E R

Heard both sides.

2.Vide proceedings dated 12.05.2022, the first respondent had characterized Doc.No.744/2015 on the file of the Sub Registrar Office, Sankarankovil, as fraudulent. Challenging the same, the writ petition came to be filed. 3.It is seen that in respect of the property covered by the said document, O.S.No.65 of 2022 is pending before the District Munsif Court, (*)Sankarankovil. The learned District Munsif, Sankarankovil is directed to dispose of the said suit on merits and in accordance with law uninfluenced by the findings set out in the impugned proceeding within a period of twelve months from the date of receipt of a copy of this order. I make this observation, because no finding of an Administrative Authority can bind the civil Court, which has to decide the issue independently on the strength of the evidence adduced before it. 2/4

4.With this observation, the Writ Petition is disposed of. I make it clear that I have not interfered with the impugned order. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(Records) (*)Corrected as per the order of this Court dated 16.02.2024 in WP(MD) No.12629 of 2023.

Sd/- Assistant Registrar(Records) // True Copy // /03/2024 Sub Assistant Registrar (CS-I/ II / III /IV) mm To To be Substituted to the order already despatched on 31.01.2024.

1. The District Munsif, Sankarankovil 2.The Deputy Inspector General of Registration, Registration Department, Tirunelveli District, Tirunelveli.

3.The District Registrar, Tenkasi District, Tenkasi.

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-58257[F] dated 22/12/2023 ) 3/4

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-5595[F] dated 19/02/2024 ) 21.12.2023 SSA/11.01.2024 4P 5C SSA/18.03.2024 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4