Shenbagavalli.R v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.15776 of 2021 R.Shenbagavalli ... Petitioner Vs 1.The District Registrar, District Registration Office, Virudhunagar District.

2.The Sub Registrar, Kariyapatti Sub Registrar Office, Virudhunagar District.

3.K.K.Sivasamy

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No. 1 and 2 to initiate proceedings under Sections 82 and 83 of the Registration Act based on the representation dated 26/07/2021 and 13/09/2021 and to cancel the power deed dated 26/08/2019 bearing Reg.No.1/2356 of 2019 at the Registration Office, Kariyapatti.

For Petitioner : Mr.S.Suresh Kumar Isaac Paul For R-1 & R-2 : Mr.A.K.Manikkam, Special Government Pleader For R-3 : No Appearance 1/4

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the first respondent to initiate proceedings based on the representation made by the petitioner, wherein, the petitioner is seeking for cancellation of the power of attorney document dated 26.08.2019 and the subsequent sale deed that was executed on 14.01.2020.

2. Heard the learned counsel on either side.

3. The case of the petitioner is that her husband is the absolute owner of the subject property. It is stated that the petitioner's husband suffered a paralytic attack and was bed ridden and was taking treatment. At this point of time, the third respondent, who is the brother-in-law managed to get a power of attorney from the husband and by utilizing the same, a sale deed was also executed in favour of a private company. Thereby, the entire property was knocked off by the third respondent. It is under these circumstances, the petitioner gave a representation to the first and second respondents. Since the same was not considered, the present Writ Petition has been filed before this Court. 2/4

4. Taking into consideration the facts and circumstance of the case, there shall be a direction to the petitioner to submit a fresh representation before the first respondent along with all the relevant documents and also a copy of this order. The first respondent shall conduct an enquiry on the representation by issuing notice to the third respondent and the subsequent purchaser of the property. The first respondent shall pass orders on its own merits and in accordance with law within a period of three (3) months from the date of receipt of the representation from the petitioner.

5. This Writ Petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 09.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsgTo 1.The District Registrar, District Registration Office, Virudhunagar District. 2.The Sub Registrar, Kariyapatti Sub Registrar Office, Virudhunagar District.

3/4

N.ANAND VENKATESH, J.

tsg 09.11.2023 4/4