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Madras High CourtWP(MD)/16218/2023closed

Megala v. The Inspector General Of Registration

2023-07-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Megala ... Petitioner versus

1. The Inspector General of Registration, Office of Inspector General of Registration, Santhom Highways Road, Chennai.

2. The District Registrar (Registration), Madurai District, Madurai.

3. The Sub-Registrar, Thirupparankundram Sub Registrar Office, Madurai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to cancel the illegal registration in respect of the forged gift settlement deed vide document No.2546/2022 dated 09.06.2022 on the file of 3rd respondent in connection with petitioner's property situated at 1/4

Madurai District Thirupparankundaram Sub Registration District, Madurai South Taluk in Survey No.107/1A to an extent of 3200 square feet in the light of the petitioner's last representation dated 28.06.2023, within a stipulated time fixed by this Court. For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.M.Sarangan, Additional Government Pleader

ORDER

The petitioner is the wife of one Gunasekaran. The said Gunasekaran appears to have executed a gift deed dated 09.06.2022 in favour of one Elavarasan, who is the son of one Paranjothi. The said Gunasekaran died on 02.06.2023. The petitioner has also filed a Civil Suit in O.S.No.55 of 2020 as against her husband Gunasekaran, Paranjothi and Elavarasan. Thereafter, the petitioner has submitted a repersentation dated 28.06.2023 to the respondents stating that the said Elavarasan is not the son of Gunasekaran and therefore, the gift deed dated 09.06.2022 have to be cancelled. Since the respondents have not acted upon the said representation, she filed this writ petition for a mandamus directing the second respondent to cancel the gift deed dated 2/4

09.06.2022.

2. This Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. However, liberty is granted to the petitioner to work out her remedy in the Civil Suit filed by her in O.S.No.55 of 2020 pending before the District Court, Madurai. No costs.

05.07.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Inspector General of Registration, Office of Inspector General of Registration, Santhom Highways Road, Chennai.

2. The District Registrar (Registration), Madurai District, Madurai.

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B.PUGALENDHI, J.

ogy

3. The Sub-Registrar, Thirupparankundram Sub Registrar Office, Madurai District.

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