R. Senthil Murugan, v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR R.Senthil Murugan ... Petitioner Vs.
1.The District Registrar, District Registrar Office, No.19, Katchery Road, Kumbakonam, Thanjavur District.
2.The Sub Registrar, Sub Registrar Office,, Natchiyarkovil and Post, Kumbakonam, Thanjavur District.
3.N.Ramasamy 4.R.Nirmala 5.S.Ramesh 6.S.Saravanan 7.S.Natarajan ... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents to take appropriate action on the petitioner's representation dated 07.11.2014 to cancel the Sale Deed in Document Nos.1272 and 1276/2014 dated 10.10.2014 as per the Circular No. 67/2011.
For Petitioner : Mr.A.C.Asaithambi For R1 & R2 : M/s.S.Jeya Priya Government Advocate For R3 : Mr.M.Karunanithi For R4 : No Appearance For R5 - R7 : Mr.S.Palani Velayutham
ORDER
The present writ petition has been filed seeking a Writ of Mandamus, directing the official respondents to cancel the sale deed in Document Nos.1272 and 1276 of 2014, dated 10.10.2014 as per the Circular No.67 of 2011.
2. According to the petitioner, fourth respondent is his sister and third respondent is the husband of the fourth respondent. According to 2/6
the learned counsel for the petitioner, the suit properties are self acquired properties of the third respondent and his brother Palaniappan. After the death of Palaniappan, his wife Palaniammal became the owner of the property.
3. According to the learned counsel for the petitioner, the petitioner has entered into a sale agreement with the respondents 3 and 4 herein by way of an unregistered document on 19.03.2014 for a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) to purchase the property in dispute. However, while the said sale agreement was subsisting, respondents 3 and 4 have sold it in favour of the respondents 5 to 7 herein by way of two sale deeds in Document Nos.1272 and 1276 of 2014 on 10.10.2014. Hence, the present writ petition has been filed to cancel the said documents mainly on the ground that these sale deeds have been executed during the subsistence of an unregistered sale agreement in favour of the writ petitioner.
4. A narration of the above said facts will clearly indicate that the petitioner is relying upon the unregistered sale agreement said to have 3/6
been executed by the respondents 3 and 4 in favour of him. According to the petitioner, Document Nos.1272 and 1276 of 2014 have to be cancelled on the ground that during subsistence of the sale agreement in favour of the writ petitioner, respondents 3 and 4 have executed the sale deeds in favour of respondents 5 to 7. Hence, it is clear that the petitioner's right is only to file a suit for specific performance to enforce the alleged sale agreement, dated 19.03.2014. Hence, the sale deeds in favour of respondents 5 to 7 cannot be cancelled by the official respondents.
5. In view of the above said facts, there ar no merits in this writ petition. Hence, this Writ Petition is dismissed with liberty to the writ petitioner to approach the competent Civil Court for appropriate relief. No costs.
17.10.2022 Index :
Yes / No Internet :
Yes / No gbg 4/6
To 1.The District Registrar, District Registrar Office, No.19, Katchery Road, Kumbakonam, Thanjavur District.
2.The Sub Registrar, Sub Registrar Office,, Natchiyarkovil and Post, Kumbakonam, Thanjavur District.
5/6
R.
VIJAYAKUMAR ,J.
gbg Order made in W.P(MD)Nos.18429 of 2015 Dated:
17.10.2022 6/6