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Madras High CourtWP(MD)/19050/2025dismissed

P.Shunmugavel v. The District Collector

2025-07-15Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Shunmugavel ... Petitioner Vs.

1. The District Collector, Collectorate Tirunelveli,

2. The District Registrar, Department of Registration, Palayamkottai Registration District, Palayamkottai, Tirunelveli District - 627009.

3. The District Registrar, Department of Registration, Tirunelveli Registration District, Sankar Colony, Palayamkottai - 627002.

4. The Sub Registrar, Department of Registration, Burkit Managaram Sub Registrar Office, Sankar Colony, Palayamkottai - 627002.

5. The Sub Registrar, Department of Registration, Gangaikondan Sub Registrar Office, Gangaikondan, Tirunelveli - 627352.

1/5

6. The Thasildar, Palayamkottai Taluk,

7. The Head Surveyor, Palayamkottai Taluk,

8. Annamalai Thevar

9. Arunachalam 10.Balasubramanian

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent to direct the respondents 2 and 3 to cancel the documents as entered into between Annamalai Thevar and his sons Arunachalam and Balasubramanian in the nature of settlement deed bearing No.3654/2021 on the file of Gangaikondan Sub Registrar Office and consequential documents in the form of sale deed as entered in to Balasubramanian and Arunachalam with L.V.Anthony and Chokkalingam vide Doc.No.104/2022 on the file of Sub Registrar, Burgit Managaram and subsequently, to set aside the same due to the fraud, forgery and malpractice and illegality as committed by the 8th and 10th respondents forthwith. For Petitioner : Mr.S.Palanivelayutham For R1 to R7 : Mr.S.Kameshwaran Government Advocate ***** 2/5

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 1st respondent to direct the respondents 2 and 3 to cancel the documents as entered into between Annamalai Thevar and his sons Arunachalam and Balasubramanian in the nature of settlement deed bearing No. 3654/2021 on the file of Gangaikondan Sub Registrar Office and consequential documents in the form of sale deed as entered in to Balasubramanian and Arunachalam with L.V.Anthony and Chokkalingam vide Doc.No.104/2022 on the file of Sub Registrar, Burgit Managaram.

2.Already, a civil suit is pending between the parties in O.S.No.355 of 2022 on the file of the Principal District Munsif Court, Tirunelveli. Therefore, the present prayer cannot be entertained. Hence, the Writ Petition is dismissed. However, the petitioner shall prosecute the case in the pending suit. There shall be no order as to costs.

15.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 3/5

To:

1. The District Collector, Collectorate Tirunelveli,

2. The District Registrar, Department of Registration, Palayamkottai Registration District, Palayamkottai, Tirunelveli District - 627009.

3. The District Registrar, Department of Registration, Tirunelveli Registration District, Sankar Colony, Palayamkottai - 627002.

4. The Sub Registrar, Department of Registration, Burkit Managaram Sub Registrar Office, Sankar Colony, Palayamkottai - 627002.

5. The Sub Registrar, Department of Registration, Gangaikondan Sub Registrar Office, Gangaikondan, Tirunelveli - 627352.

6. The Thasildar, Palayamkottai Taluk,

7. The Head Surveyor, Palayamkottai Taluk, 4/5

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 15.07.2025 5/5