Ignatius Manose v. The Deputy Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD) Nos.12023 & 12025 of 2024 Ignatius Manose ... Petitioner -vs1.The Deputy Inspector General of Registration, Tirunelveli, Tirunelveli District.
2.The District Registrar (Administration), Tirunelveli.
3.A.Indiran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for the records pertaining to the impugned proceedings of the second respondent in Na.Ka.No.2709/E2/2020 dated 15.02.2022 and quash the same.
For Petitioner :
Mr.V.Sasi Kumar For R1 & R2 :
Mr.S.P.Maharajan Special Government Pleader For R3 :
Mr.V.Karthick Raja for M/s.Ajmal Associates
O R D E R
This writ petition has been filed challenging the order passed by the second respondent, dated 15.02.2022, thereby, declared that the sale deeds registered vide document Nos.268/2010, 3140/2010, 3485/2010, 5443/2010, 5795/2010, 6062/2010, 322/2012, 3334/2012, 4354/2012, 5538/2012, 5539/2012 is void and directed the registering authority to record the same.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The case of the petitioner is that the third respondent had purchased the property comprised in Survey No. 86/3D to an extent of 3 acres 70 cents situated at Thanakkarkulam Village, Radhapuram Taluk, Tirunelveli District by the registered sale deed vide document Nos.1760/2002 and 1775/2002,
however, the very same properties were once again fraudulently sold in favour of the third parties vide document Nos.268/2010, 3140/2010, 3485/2010, 5443/2010, 5795/2010, 6062/2010, 322/2012, 3334/2012, 5538/2012, 5539/2012 and 4354/2012. Therefore, the petitioner lodged a complaint before the second respondent. The second respondent conducted a detailed enquiry and declared that those documents have fraudulent documents and become void. The second respondent also directed the registering authority to record the same.
4. The petitioner had purchased the property comprised in Survey No.63/3B to an extent of 3 acres situated at Thanakkarkulam Village, Radhapuram Taluk, Survey No.691/1A2 to an extent of 50 cents, Survey No. 691/2B to an extent of 10 cents, Survey No.692/2A2 to an extent of 2 acres 50 cents, survey No.692/2B to an extent of 5 acres 6 cents, totally 11 acres 16.5 cents by the registered sale deed, dated 20.07.2012 vide document No.4354/2012 from one Rengasamy and Harikrishnan. Once again the petitioner has purchased the very same property from the third respondent by the registered sale deed dated 13.01.2022 vide document No.225/2022. Now, the second respondent found that
the said Rengasamy and Harikrishnan fraudulently executed the sale deed in favour of the petitioner since the vendors of the said Rengasamy and Harikrishnan had no title over the property. They had purchased the subject property by the sale deed vide document No.5443/2010. Knowing this fraudulent transaction, the petitioner had once again purchased the very same property in the year 2022. Therefore, the second respondent has rightly conducted the detailed enquiry and passed an order.
5. In view of the above, this Court finds no infirmity or illegality in the order passed by the second responcent and this writ petition is devoid of merits and it is liable to be dismissed.
6. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 06.12.2024 NCC : Yes / No
Index : Yes / No Internet : Yes / No am To:
1.The Deputy Inspector General of Registration, Tirunelveli, Tirunelveli District.
2.The District Registrar (Administration), Tirunelveli.
G.K.ILANTHIRAIYAN , J.
am 06.12.2024