K. Thangavel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.21668 of 2024 K.Thangavel ... Petitioner /Vs./

1. The District Collector, Dindigul District, Dindigul.

2. The District Registrar, Dindigul District, Dindigul.

3. The Sub Registrar, Registration Department, Palani Registration Office, Dindigul District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the third respondent in his refusal check slip in RFL/Palani/26/2024 dated 10.09.2024 and quash the same as devoid of merits and consequently, to direct the third respondent to register the sale deed wherein the petitioner is purchasing the property in survey No.141/4, to an extent of 4361.28 square feet situated at Sivagiripatti Village, Palani Taluk, Dindigul District, within a period stipulated 1/5

by this Court.

For Petitioner : Mr.C.Ananth C Rajesh For R-1 to R-3 : Mr.S.P.Maharajan Special Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the third respondent dated 10.09.2024, thereby refused to register the sale deed which was presented for registration in respect of the property comprised in Survey No.141/4, to an extent of 4361.28 square feet situated at Sivagiripatti Village, Palani Taluk, Dindigul District.

2. The case of the petitioner is that the he had purchased the petition mentioned property from one Chellamuthu, by way of registered sale deed dated 10.09.2024 and presented for registration. However, the same was refused by the third respondent on the ground that already the petitioner's vendor, namely, the said Chellamuthu, filed a petition in W.P. (MD)No.4049 of 2023, challenging the Power of Attorney under Section 77-A of the Registration Act. This Court had directed the the said Chellamuthu to approach the civil Court for appropriate relief in respect 2/5

of the subject property. However, suppressing the said fact the said Chellamuthu had sold out the property in favour of the petitioner and the same was presented for registration. The petitioner's vendor filed a writ petition for a direction, directing the Deputy Registrar to cancel the registered Document No.2 of 2014 dated 14.05.2014 and the general power deed Document No.1317 of 2013 dated 11.06.2013 registered by the third respondent on the ground that the said document created is a forged one. Therefore, in respect of the subject property, there is a dispute between the petitioner's vendor and the third party. Hence, the third respondent has rightly refused to register the sale deed which was presented for registration.

3. Therefore, this Court finds no infirmity in the order passed by the third respondent. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 11.11.2024 Internet : Yes/No NCC : Yes / No 3/5

jbr TO

1. The District Collector, Dindigul District, Dindigul.

2. The District Registrar, Dindigul District, Dindigul.

3. The Sub Registrar, Registration Department, Palani Registration Office, Dindigul District.

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G.K.ILANTHIRAIYAN , J.

jbr Order made in Dated:

11.11.2024 5/5