Nasibha Khannum v. The Zonal Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Nasibha Khannum, Rep. through her Power Agent, F.Francis Bastiyan.

... Petitioner Vs.

1.The Zonal Manager, Hindustan Petroleum Corporation Limited, South Zone, Thalamuthu Natarajan Building, 4th Floor, 1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.The Deputy General Manager, Hindustan Petroleum Corporation Ltd., Madurai Retail Regional Office, 1st Floor, BSNL CMTS Bhavan, 70 Feet Road, Ellis Nagar, Madurai 625 016.

3.The Deputy General Manager, Hindustan Petroleum Corporation Ltd., Coimbatore Retail Regional Office, Big Bazaar Street, Coimbatore, Tamil Nadu 641 001.

4.The District Registrar, District Registrar Office, Madurai South, 171, Palace Road, Madurai 625 001.

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5.The Sub Registrar, Office of Sub Registrar, Madurai South Joint 4, No. 50, Visalam Vmr Complex, 2nd Floor, By-Pass Road, Madurai 625 003.

6.D.M.Maheshwaran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to direct the 5th respondent to cancel the Registered Lease Agreement Deed Document No.479/1998 dated 05.03.1998 executed by the 6th respondent in favour of the 3rd respondent by considering the petitioner's representation dated 10.06.2024, within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mrs.D.Farjana Ghoushia, Spl. Government Pleader for R4 & R5.

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the registering authorities. 2.It is stated that the sixth respondent had unauthorizedly executed lease deed in favour of the fourth respondent. The petitioner wants the said lease deed to be cancelled. As rightly pointed out by the learned Special Government 2/4

Pleader, the registration had taken place way back in the year 1998. The question of cancelling a registered lease deed which was registered 26 years ago does not arise at all. If according to the petitioner, her title is being challenged by the sixth respondent, the petitioner has to go only before the jurisdictional Civil Court.

3.Granting such liberty to the petitioner, the writ petition is disposed of. No costs.

16.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Registrar, District Registrar Office, Madurai South, 171, Palace Road, Madurai 625 001.

2.The Sub Registrar, Office of Sub Registrar, Madurai South Joint 4, No. 50, Visalam Vmr Complex, 2nd Floor, By-Pass Road, Madurai 625 003.

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G.R.SWAMINATHAN, J.

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