R.Panchavarnam v. The District Registrar

W.P.(MD)No.18080 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18080 of 2020 and W.M.P.(MD).No.15072 of 2020 R.Panchavarnam

...Petitioner

-Vs1.The District Registrar, District Registrar Office, Muthu Pattanam, Karaikudi, Sivaganga District.

2.Sarathamani Devi 3.Vellaichamy

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned proceedings issued by the first respondent in Na.Ka.No.1868/AA1/2020 dated 23.11.2020 and quash the same.

For Petitioner : Mr.M.Shakul Hameed For Respondents : Mr.K.Sathiya Singh Additional Government Pleader.

ORDER

This Writ Petition has been filed against the impugned proceedings issued by the first respondent in Na.Ka.No.1868/AA1/2020 dated 23.11.2020.

2. The case of the petitioner is that based on the complaint given by the third respondent, who is the power agent of the second respondent, alleging that the petitioner's husband Ramaiah has fraudulently obtained patta for the property comprised in Old Survey No.103, New Survey No.103/2 measuring an extent of 1.97 Hectares situated at Ariyakudi Village and subsequently alienated the same through a Settlement Deed in favour of the petitioner and her children, the first respondent, without verifying the documents and examining the genuineness of the complaint, sent the impugned notice dated 23.11.2020 in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18080 of 2020 Na.Ka.No.1868/AA1/2020. However, there was a suit is pending before the Court below with respect of the property in question in this writ petition and the Civil Court has to decide the said issue, viz., the title of the property and validity of patta issued by the revenue officials and the first respondent has no jurisdiction to decide the same. Hence, aggrieved by the said impugned notice, the petitioner has approached this Court seeking aforesaid prayer.

3. This Court without going into the merits of the case, directs the authorities concerned to dispose of the above said issue in accordance with law, after affording opportunity to the petitioner as well as the parties, who are likely to be affected or the interested parties, within a period of 120 days from the date of receipt of a copy of this order.

4. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The District Registrar, District Registrar Office, Muthu Pattanam, Karaikudi, Sivaganga District.

+1 CC to Additional Government Pleader ( SR-25400[F] dated 14/12/2020 ) Order made in W.P.(MD)No.18080 of 2020 10.12.2020 KM (29.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2