Ramasamy v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD).No.13503 of 2021 Ramasamy ... Petitioner Vs.

1.The District Registrar, O/o.The District Registrar, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Kariyapatti Taluk, Virudhunagar District.

3.The Sub Registrar, O/o.The Sub Registrar, Thiruchuli, Virudhunagar District.

4.V.Periyasamy Thevar 5.M/s.Green Energy Tamil Nadu Co., Pvt., Limited, Represented by its Cashier, K.Manohar ... Respondents 1/6

Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the first respondent to cancel the registration of the forgery Sale Deed executed by the fourth respondent in favour of the fifth respondent vide Document No.1571/2006 dated 14.08.2006, based on the representation dated 04.08.2021.

For Petitioner : Mr.R.Murugan For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R1 to R3

ORDER

This Writ Petition has been filed for issuance of a writ of Mandamus directing the first respondent to cancel the sale deed executed by the fourth respondent in favour of the fifth respondent, based on the representation made by the petitioner on 04.08.2021.

2. The petitioner claims to be a person belonging to Scheduled Caste Community. According to the petitioner, assignment patta was granted by the second respondent to the landless poor belonging to Scheduled Caste Community during the year 1980-1981. The petitioner came to know that the fourth respondent had executed a sale deed in 2/6

favour of the fifth respondent with respect to the land that was assigned. In view of the same, the petitioner made a representation before the first respondent to cancel the said document. Since the same was not considered, the present Writ Petition was filed before this Court.

3. In the considered view of this Court, the present Writ Petition is filed in the nature of public interest litigation. The petitioner does not have any locus standi to maintain this writ petition. Even otherwise, the learned Additional Government Pleader appearing for the official respondents submitted that insofar as the properties belonging to the fifth respondent are concerned, already the Hon'ble Apex Court had appointed the Hon'ble Justice R.M.Lodha [retired] and the Committee had issued proceedings, whereby, the property in Survey No.5/3 at Karaikulam Village will not be permitted to be dealt with. The communication that was received by the IG of Registration from Lodha Committee was also placed before this Court.

4. In view of the above, no further orders are required to be passed in this Writ Petition.

3/6

5. This Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

07.11.2023 Index :Yes/No Internet : Yes/No ssb 4/6

To 1.The District Registrar, O/o.The District Registrar, Virudhunagar, Virudhunagar District.

2.The Tahsildar, Kariyapatti Taluk, Virudhunagar District.

3.The Sub Registrar, O/o.The Sub Registrar, Thiruchuli, Virudhunagar District.

5/6

N.ANAND VENKATESH.J., ssb Order made in Dated :

07.11.2023 6/6