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Madras High CourtWP(MD)/14869/2024disposed of

Muthusamy .A v. The Deputy Inspector General Of Registration

2025-08-08Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-08-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 14869 of 2024 and WMP(MD)NOs.13036 and 13038 of 2024 A.Muthusamy Petitioner(s) Vs

1. The Deputy Inspector General of Registration Office of The Deputy Inspector General of Registration Trichy.

2. The District Registrar (Administration) Office of The District Registrar Trichy.

3. The Sub Registrar Joint-I Sub Registrar Office Trichy.

4.P. Muthusamy

5. Manohar Respondent(s) For Petitioner(s): Mr.A.Rajaram For Respondent(s): Mr.S.Saji Bino, Special Government Pleader For R1 To R3 Mr.B.Prasanna Vinoth For R4 No appearance for R4 Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No. 15533/A4/2021 dated 23.08.2022 and the consequential impugned order passed by the 1st respondent in Na.Ka.No. 5708/E1/2022 dated 14.12.2023 and quash the same as illegal.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorari, to quash the impugned order passed by the 2nd respondent dated 23.08.2022 and the consequential impugned order passed by the 1st respondent dated 14.12.2023. 2.Even though the impugned order is passed under Section 82, the official respondents have restrained the petitioner from dealing with the property. The 4th respondent has filed a suit in O.S.No.106 of 2018 on the file of the District Court, Trichy. However, the same is filed only for demarcation. In the said suit, the present petitioner is not a party. Admittedly, there is a rival claim by the petitioner and the respondents 4 and 5. Even though the impugned order is passed under Section 83, when there is a title dispute, the official respondents cannot determine the title. 3.

Therefore, the impugned orders are set aside and the parties are at liberty to approach the competent Civil Court to establish their rights. 4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

To

1. The Deputy Inspector General of Registration Office of The Deputy Inspector General of Registration Trichy.

2. The District Registrar (Administration) Office of The District Registrar Trichy.

3. The Sub Registrar Joint-I Sub Registrar Office Trichy.