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Madras High CourtWP(MD)/16965/2023dismissed

Velsamy.S v. The District Collector

2025-12-16Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.16965 of 2023 Velsamy ... Petitioner Vs

1. The District Collector Tirunelveli District

2. The District Registrar O/o District Registration St.Marks Road Palayamkottai, Tirunelveli District

3. The Tahsildhar Manoor Taluk Office Tirunelveli District

4. The Joint Sub Registrar No.2, Joint Sub Registrar Office Tirunelveli.

5. Pooviah ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to take appropriate legal action against the fifth respondent based on the petitioner's representation dated 20.06.2023 within time to be stipulated by this Court.

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For Petitioner : Mr.S.Kumar For R-1 to R4 : Mrs. Jeya Priya Government Advocate For R-5 : Mr.Sathya Chidambaram

O R D E R

The prayer in the writ petition is to direct the respondents 1 to 4 to take appropriate legal action against the fifth respondent based on the petitioner's representation dated 20.06.2023 within time to be stipulated by this Court.

2. The learned counsel appearing for the petitioner would submit that the fifth respondent has illegally settled the subject property in favour of his wife in the year 2018 who in turn sold the same one Petchiselvam and Muthukumar in the year 2019 . When he obtained encumbrance certificate he came to know about the illegal transaction of his own property therefore seeking to cancel the above settlement/sale the petitioner submitted a representation dated 23.02.2023 to the second respondent, however till date no action has been taken by the second respondent, hence the present petition.

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3. The learned Government Advocate appearing for the respondents 1 to 4 would submit that the officials respondent would submit that if the petitioner has any grievance the petitioner may approach the police and give complaint in terms of violation of Provisions of Sections 83 and 84 of the Registration Act and therefore the prayer of the petitioner cannot be considered.

4. Taking into consideration the above facts and circumstances of the case, this Court directs the official respondents to enquire into the matter and take appropriate decision on the petitioner's representation in accordance with law as expeditiously as possible. In case if the official respondent find that the fifth respondent has illegally settled the subject property in favour of his wife, it is open to the petitioner to lodge a complaint before the police authorities concerned under Section 83and 84 of the Registration Act and work out his remedy in accordance with law before the authorities concerned.

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5. Accordingly the prayer sought for by the petitioner cannot be granted by this Court and writ petition stands dismissed. There shall be no order as to costs. However the petitioner is at liberty to approach the police and lodge complaint.

16.12.2025 Index : Yes/No Internet: Yes/No aav To

1. The District Collector Tirunelveli District

2. The District Registrar O/o District Registration St.Marks Road Palayamkottai, Tirunelveli District

3. The Tahsildhar Manoor Taluk Office Tirunelveli District

4. The Joint Sub Registrar No.2, Joint Sub Registrar Office Tirunelveli.

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KRISHNAN RAMASAMY, J.

aav W.P.(MD)No.16965 of 2023 16.12.2025 5/5