Rajmohammed v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.15460 & 15462 of 2025 Rajmohammed ... Petitioner Vs

1. The Sub Registrar, Thuvarankurichi, Marungapuri Taluk, Trichy District.

2. Asha Barvin

3. Hidayathullah ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari Mandamus, calling for the records of the impugned deeds executed by second and third respondents in Document No. 441 of 2025 dated 10.02.2025 and Document No.1256 of 2025 dated 16.04.2025 on the file of the first respondent and set aside the same and consequently mark the appropriate entries of the documents as fraudulent and void and grant such other and further relief which this Honourable court deems fit and proper in the circumstances of this case.

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For Petitioner : Mr.sRM.Arun Swaminathan For R-1 : Mr.S.Saji Bino Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned deeds executed by the respondents 2 and 3 in Document No.441 of 2025 dated 10.02.2025 and Document No.1256 of 2025 dated 16.04.2025 on the file of the first respondent and set aside the same and consequently mark the appropriate entries of the documents in the Register as fraudulent and void.

2. The contention of the petitioner is that the said documents are fraudulent and void.

3. The relief sought in the prayer cannot be entertained under Article 226 of the Constitution of India, because the dispute is between the individuals. The appropriate remedy lies before the competent Civil Court. However, this Court is directing the first respondent to conduct an enquiry under Section 83 of the Registration Act, after issuing notice to the petitioner and respondents 2 and 3 and pass appropriate orders, within a period of twelve (12) weeks from the date of 2/4

receipt of a copy of this order. The petitioner is at liberty to approach the appropriate Civil Court for any further relief, if so advised. Until the enquiry under Section 83 is completed, the respondents 2 and 3 are restrained from encumbering or disturbing with the possession of the subject property.

4. With the above said directions, this Writ Petition is disposed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub Registrar, Thuvarankurichi, Marungapuri Taluk, Trichy District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 23.07.2025 4/4