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Madras High CourtWP(MD)/18586/2022disposed of

Kathamuthu.M v. The District Registrar

2024-08-13Honourable Mr Justice N. Sathish Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and WMP(MD)No.13511 of 2022 M.Kathamuthu ... Petitioner Vs.

1. The District Registrar, District Registrar Office, Sivagangai, Sivagangai District.

2. The Sub Registrar, Sub Registrar Office, Manamadurai, Sivagangai District.

3. K.Malairaj 4.K.Balakrishnan 5.Muthalagu ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.3649/Aa1/2016 dated 08.12.2016 and quash the same as illegal and consequently direct the 1st respondent to cancel the void Sale 1/5

Deed document vide Doc.No.1666/2014 dated 22.05.2014 registered before the 2nd respondent Office on the properties comprised in Survey Nos.5/1A, 5/1B and 5/2 vide patta No.117.

For Petitioner : Mr.S.Vikram For R1& R2 : Mr.C.Satheesh Government Advocate For R3 to R5 : Mr.S.Jayakumar

ORDER

This writ petition has been filed challenging the impugned order passed by the 1st respondent in Na.Ka.No.3649/Aa1/2016 dated 08.12.2016 and consequently direct the 1st respondent to cancel the void Sale Deed document vide Doc.No.1666/2014 dated 22.05.2014 registered before the 2nd respondent Office on the properties comprised in Survey Nos.5/1A, 5/1B and 5/2 vide Patta No. 117.

2. Heard both sides and perused the materials available on record.

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3. The case of the petitioner is that the petitioner gave a representation to the District Registrar to cancel the sale deed dated 22.05.2014 registered vide Document No.1666/2014 executed in favour of the respondents 3 to 5. The petitioner got a Court order in O.S.No.5 of 2015 on the file of the District Munsif cum Judicial Magistrate Court, Ilayangudi. However, the registering authority refused to entertain the same on the ground that copy of the order has not been served directly to the Registrar Office.

4. Now it is the stand of the private respondents that an exparte decree has been obtained by the petitioner in O.S.No.5 of 2015 and they stated that the suit is still pending and an application filed to set aside the exparte order is also pending and it is coming up for hearing on 22.08.2024.

5. In such view of the matter, the order impugned does not require any interference. In the event, the petitioner succeeds in the Civil suit, he can very well register the decree itself. 3/5

6. With the above observation, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 13.08.2024 NCC : Yes / No Index : Yes / No PJL To

1. The District Registrar, District Registrar Office, Sivagangai, Sivagangai District.

2. The Sub Registrar, Sub Registrar Office, Manamadurai, Sivagangai District.

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N.SATHISH KUMAR , J.

PJL 13.08.2024 5/5