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Madras High CourtWP(MD)/24508/2022disposed of

Nedunchezhiyan v. The Inspector General Of Registration

2022-10-28Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.24508 of 2022 Neduncheliyan ... Petitioner

Versus

1.The Inspector General of Registration, No.100, Santhom High Road, Chennai-28.

2.The District Registrar (Administration), Trichy District, Trichy.

3.The Sub Registrar, Thathayangarpettai, Musiri Taluk, Thathayangarpettai, Musiri Taluk, Trichy District.

4.Venkatesan ... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's representation dated 12.07.2022. For Petitioner :

Mr.K.Arunraj For Respondents :

Ms.S.Jayapriya (R1 to R3) Government Advocate 1/5

ORDER

This petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's representation dated 12.07.2022.

2.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed against the fourth respondent, notice to him is dispensed with. 3.Heard the learned counsel appearing on either side. 4.It is the contention of the petitioner that the subject property is Re.Survey No.190/2A measuring to an extent of 55 cents, Survey No.190/2B measuring to an extent of 35 cents, Survey No.196/1 measuring to an extent of 30 cents, Survey No.196/2 measuring to an extent of 78 cents and Survey No. 196/3 measuring to an extent of 3 cents including the Well and Electricity connection in No.391 situated at Pillathurai Village, Musiri Taluk, Trichy District. The said property originally belonged to the petitioner vide sale deed in Doc.No.970/1987, dated 26.10.1987. On 18.06.2001, a sale agreement (registered Doc.No.610/2001) was made between the petitioner and the fourth respondent, pursuant to which, the petitioner borrowed a sum of Rs.4,00,000/- 2/5

as advance from the fourth respondent. As per the agreement, the balance consideration of Rs.25,000/- shall be paid to the petitioner within a period of six months from the date of sale agreement, failing which, the sale agreement becomes invalid. The fourth respondent failed to pay the balance sale consideration within the prescribed time. Hence, the petitioner asked the fourth respondent to cancel the said sale agreement, but he did not come forward. The petitioner is an aged person, due to which, he decided to settle and make partition the subject property to his legal heirs. Hence, the petitioner sent a notice to the fourth respondent on 29.07.2022 to submit any valid objection regarding registration in respect of the said property and the same was returned as 'no such person'.

Thereafter, he approached the third respondent for registration, but the third respondent rejected the same stating that there is an encumbrance in the sale agreement. Hence, the registration shall not be done. The petitioner explained that the sale agreement has become invalid and also produced the all original and parent documents, but the third respondent did not turn out. Hence, the petitioner is before this Court by filing the above writ petition.

5.In the cases of this nature, this Court cannot straightaway issue any positive direction to the authorities, since the facts involved in this case are civil in nature. Hence, the petitioner has to approach the civil Court for getting 3/5

appropriate remedy in this regard. Without the decree and judgment of the civil Court, the third respondent is not in a position to cancel such sale agreement and register the same in favour of the petitioner's legal heirs. Accordingly, the Writ Petition is disposed of. No costs. The petitioner is directed to approach the Civil Court for getting appropriate remedy. 28.10.2022 Index : Yes/No Internet: Yes/No Rmk To 1.The Inspector General of Registration, No.100, Santhom High Road, Chennai-28.

2.The District Registrar (Administration), Trichy District, Trichy.

3.The Sub Registrar, Thathayangarpettai, Musiri Taluk, Thathayangarpettai, Musiri Taluk, Trichy District.

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V.BHAVANI SUBBAROYAN, J.

Rmk Order made in W.P.(MD) No.24508 of 2022 28.10.2022 5/5