M.P.Chithra v. S.S.Sheik Abdul Kader

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MS.JUSTICE P.T. ASHA and C.M.P(MD)No.14651 of 2025 M.P.Chithra ...Appellant Vs.

1.S.S.Sheik Abdul Kader 2.The Sub-Registrar, Melapalayam, Tirunelveli District.

...Respondents

PRAYER:- Writ Appeal filed under Clause XV of Letters Patent, to set aside the order made in W.P.(MD)No.23831 of 2024 dated 04.10.2024 on the file of this Court.

For Appellant : Mr.T.Aswin Raja Simman For R - 1 : Mr.R.J.Karthick For R - 2 : Mr.D.Gandhi Raj Special Government Pleader 1/5

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) The present Writ Appeal is filed seeking limited relief for expunging the observations made by this Court in para 4 of the writ order dated 04.10.2024, to the effect that passing of the impugned order by the appellant '.......... is nothing but clear non-application of mind and it is made deliberately for some other purpose. Hence, the Inspector General of Registration is directed to take disciplinary proceedings against the concerned Sub Registrar in this regard.'

2.The appellant, who is the Sub-Registrar, Melapalayam, Tirunelveli District, is aggrieved by those findings. Mr.T.Aswin Raja Simman, learned counsel appearing on behalf of the appellant, explains that the order impugned in the Writ Petition has been passed based on an audit objection dated 19.01.2024. The reasons set out therein is that the sale agreement which formed the basis for passing the impugned order ought not to have been registered.

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3.We also find on a perusal of the writ affidavit that there are no allegations made as against the appellant, and in such circumstances, granting the benefit of doubt to the appellant, the phrase in italics and extracted in para 1 supra stands expunged from order dated 04.10.2024. 4.In fact, the State has not acted upon the offending observation for the reason that though the order was passed in October, 2024, no action has been taken thus far. The learned Special Government Pleader appearing for State informs us that the directions have been complied with.

5.In view of the above, this Writ Appeal stands disposed. No costs. Consequently, connected Miscellaneous Petition is closed. [A.S.M.J.,] & [P.T.A.J.,] 08.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps 3/5

To The Sub-Registrar, Melapalayam, Tirunelveli District.

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DR.ANITA SUMANTH, J.

AND P.T. ASHA, J.

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