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Madras High CourtWP(MD)/22064/2023dismissed

Madhan Chakravarthy v. The Deputy Inspector General Of Registration

2024-09-19Honourable Mr Justice N. Sathish Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR WP(MD). No.22064 of 2023 and WMP(MD) No.18385 of 2023 Madhan Chakravarthy ... Petitioner Vs

1. The Deputy Inspector General of Registration, Integrated Building of Registration Department, Tnau Nagar, Rajakambiram, Y.Othakkadai, Madurai..

2. The District Registrar, Registration Department, Theni..

3. The Sub Registrar, Theni Sub-Registrar Office, Theni Town, Theni..

4. Balakrishnan. Ac, ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 3rd respondent herein from registering the fraudulent document in favour of 1/5

4th respondent herein on the basis of Patta No.548, Vadaveeranaickenpatti, Periyakulam Taluk, Theni District, in respect of Survey No.1241/2E and 2F based on the petitioners objection petition dated 10.03.2023 and 28.08.2023 in light of Section 22A, 22B and 77A of Registration Act 1908.

For Petitioner : M/s.S.Sivakumar, For Respondent : Mr.C.Satheesh for R1 to R3 Government Advocate Mr.M.C.Swamy for R4

ORDER

The writ petition has been filed for a mandamus to forbear the 3rd respondent herein from registering the fraudulent document in favour of 4th respondent herein on the basis of Patta No.548, Vadaveeranaickenpatti, Periyakulam Taluk, Theni District, in respect of Survey No.1241/2E and 2F based on the petitioners objection petition dated 10.03.2023 and 28.08.2023 in light of Section 22A, 22B and 77A of Registration Act 1908.

2. According to the petitioner, the petitioner purchased the property on 31.05.2023 and patta also stands in his name in Patta No. 9687. The vendor of the petitioner also holds patta for the above said 2/5

land in patta Nos.7617 and 8426 from the year 1984. However, the 4th respondent is trying to interfere with the petitioner's land and to create encumbrance. Hence, the petitioner is before this Court.

3. I have considered the rival submissions and perused the materials available on record.

4. At the outset, such a mandamus cannot be issued and the official respondents cannot be curtailed from discharging their statutory duties. The very prayer sought in the writ petition is misconceived. The allegation in the affidavit itself indicates that there appears to be title issue, which cannot be gone into in a writ petition and the same cannot be a ground for forbear the respondents from registering the documents.

5. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed. 19.09.2024 RR 3/5

TO

1. The Deputy Inspector General of Registration, Integrated Building of Registration Department, Tnau Nagar, Rajakambiram, Y.Othakkadai, Madurai..

2. The District Registrar, Registration Department, Theni..

3. The Sub Registrar, Theni Sub-Registrar Office, Theni Town, Theni..

4/5

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.22064 of 2023 Date : 19/09/2024 5/5