Navaneetha Krishnan v. The District Registrar(Admin)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Navaneetha Krishnan ... Petitioner Vs.

1.The District Registrar (Admin), Office of the District Registrar, Srivilliputhur Town, Virudhunagar District.

2.Sub Registrar, Office of the Sub Registrar, Srivilliputhur Town, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's representation dated 22.07.2024 within stipulated time.

For Petitioner : Mr.J.Gunaseelan Muthiah For Respondents : Mr.C.Satheesh, Government Advocate 1/4

ORDER

The petitioner seeks a direction to the 1st respondent to dispose of the petitioner's representation dated 22.07.2024 within the stipulated time to be fixed by this Court.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.It is the case of the petitioner that the petitioner's father Gopal Naidu is the absolute owner of the property in Survey No.61/12 situated at Inam Nachiyarkovil Village, Srivilliputhur Taluk, Virudhunagar District and during his life time, he has not dealt with the property to any one. However, there is an unrelated / unauthorized encumbrance shown in the register of the 2nd respondent Office. Therefore, the petitioner sent a representation dated 22.07.2024 to the respondents, annexing all the related documents. Since the same has not been considered so far, the petitioner has filed this Writ Petition. 3.It is seen that the very Section 77(A) inserted under Registration Act is struck down by the Division Bench of this Court in W.P.No.10291 of 2/4

2022 batch. That apart fraudulent transaction cannot be gone into by the authorities, which has to be established in the manner known to law before the civil Court as per Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] and G. Rajasulochana v Inspector General made in W.P 29706 of 2024 dated 16.04.2024. Accordingly, this Writ Petition is dismissed. No costs. 03.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Sivagangai District, 2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

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N.SATHISH KUMAR, J Yuva 03.09.2024 4/4