Meenakshiammal (Deceased) v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Meenakshiammal (died) 1.Gunasekaran 2.Janakiraman 3.Parameswari ... Petitioners [The petitioners were substituted vide order dated 08.08.2024] Vs.

1.The District Registrar, O/o District Registrar, Palani, Dindigul District.

2.The Sub-Registrar, Vedasandur Sub-Registrar, Vedasandur, Dindigul District.

3.The Tahsildar, Vedasandur Taluk, Dindigul District.

4.The Inspector of Police, Vedasandur Police Station, Dindigul District.

5.Mahalakshmi 6.Priya ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1, 3 and 4 respondents to take 1/4

appropriate action to consider the representation dated 24.01.2018 with the plea of " does not made any further registration and do not change the patta stood in may name through the fabricated documents created by the fifth and sixth respondents comprised in Survey No.694A/2A1A1A1 and S.No.1916/4 with extent of 28.980 vide patta No.2245 of house site situated at Kandan Asari Street, Vedasandur Taluk, Dindigul District.

For Petitioner : R.Sundar For R1 to R3 : Mr.M.Siddharthan Additional Government Pleader For R4 : Mr.M.Vaikkam Karunanidhi Government Advocate (Crl.side) For R5 & R6 : Mr.R.Senthil Kumar

O R D E R

This writ petition has been filed seeking a direction to the official respondents herein to consider the representation of the petitioner dated 24.01.2018 praying not to register any document with regard to the subject property.

2.According to the petitioners, the original petitioner was in possession and enjoyment of the subject property and her sister is also a co-sharer of one of the petition mentioned properties and the sister died before six years. That being the position, the fifth and sixth respondents herein are attempting to grab the properties of the petitioner's sister by creating forged power of attorney deed. Hence, the petitioner seeks not to register any document with regard to the property in question.

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3.Considering the facts and circumstances of the case, this Court is of the view that the direction sought for by the petitioners cannot be issued. When a document is presented for registration, it is for the registering authorities to enquire into the same in accordance with the rules in force and decide as to whether the same can be registered or not. The Constitutional Court cannot restrain the statutory authorities from doing their duties. 4.In view of the above, this writ petition is dismissed. No costs. 08.08.2024 (1/2) NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The District Registrar, O/o District Registrar, Palani, Dindigul District.

2.The Sub-Registrar, Vedasandur Sub-Registrar, Vedasandur, Dindigul District.

3.The Tahsildar, Vedasandur Taluk, Dindigul District.

4.The Inspector of Police, Vedasandur Police Station, Dindigul District.

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N.SATHISH KUMAR, J.

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