Sathiya V v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Sathiya ... Petitioner Vs 1.The District Registrar, Office of the District Registrar, Court Campus, Cantonment, Tiruchirappalli.

2.The Sub-Registrar, Sub-Registrar Office, Thiruverumbur, Tiruchirappalli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first Respondent herein to cancel the sale deed vide in Doc.No. 3755/2011 dated 04.05.2011 on the file of the second Respondent office in favour of the Petitioner executed by the accused persons in Crime No.14 of 2022 on the file of the Land Grabbing Special Wing, Tiruchirappalli on the strength of enquiry conducted by the first 1/5

Respondent in his proceedings in Na.Ka.No.16282/Aa4/2021 dated 21.02.2022 and 21.06.2022 based on the petitioner's representation dated 27.06.2023 within a time stipulated by this Court. For Petitioner : Mr.B.Anandan For Respondents : Mr.P.T.Thiraviam Government Advocate

O R D E R

The petitioner is said to have purchased a property to an extent of 50 cents, situated in S.No.102/3E of Periyasooriyur Village, Thiruverumbur Taluk, Tiruchirappalli District on 04.05.2011 through a sale deed vide Document No.3755/2011 from one Veeraiyan on the strength of two general power deeds, vide Document Nos.362/2011 and 408/2011 executed by One Alamelu and one Ondimuthu respectively in favour of him. A case in Crime No.14 of 2022 has been registered as against the said Veeraiyan and three others by the Land Grabbing Cell, Tiruchirappalli on the ground that the power deeds vide Document Nos.362/2011 and 408/2011 are forged and fabricated one. Therefore, this petitioner, on abundant caution has approached the 2/5

respondent to cancel the document, which has been fraudulently registered in his favour. Since the first respondent has not considered the petitioner's request for cancellation of the document, the petitioner has filed this writ petition.

2.Mr.P.T.Thiraviam, learned Government Advocate takes notice for the respondents.

3.The petitioner himself admits that one Veeraiyan by misrepresentation and with the forged power deeds has sold the subject property to the petitioner and on knowing that a criminal case has been registered as against the petitioner's vendor, the petitioner has come forward to cancel the document.

4.Since the petitioner himself has come forward to cancel the sale deed executed in favour of him, this Court is inclined to 3/5

dispose of this writ petition with a direction to the respondents to proceed with the enquiry under Section 77 A of the Registration Act and necessary order shall be passed after issuing notice to all the required parties.

5.With the above direction, this writ petition is disposed of. No costs.

21.07.2023 NCC : Yes / No.

Index : Yes / No.

vrn To 1.The District Registrar, Office of the District Registrar, Court Campus, Cantonment, Tiruchirappalli.

2.The Sub-Registrar, Sub-Registrar Office, Thiruverumbur, Tiruchirappalli.

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B.PUGALENDHI, J.

vrn Order made in 21.07.2023 5/5