N.Ayyasamy v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN N.Ayyasamy ... Petitioner /Vs./ 1.The Sub Registrar, Office of the Sub Registrar, Keeranoor, Palani Taluk, Dindigul District.
2.The Village Administrative Officer, Periyamottanoothu Village, Palani Taluk, Dindigul District.
3.Velathal ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the 1st respondent from registering the document pertaining to Survey Nos.53/1, 53/3, 54/6A and 54/6C, situated in Thalaiyoothu Village, Palani Taluk, Dindigul District, based on the petitioner's Objection Letter dated 18.10.2024 within the period stipulated by this Court.
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For Petitioner : Mr.T.Ramasamy For Respondents : Mr.M.Sarangan (R1 & R2) Additional Government Pleader
ORDER
This writ petition has been filed for a direction not to register any document pertaining to the subject property comprised in Survey Nos. 53/1, 53/3, 54/6A and 54/6C, situated in Thalaiyoothu Village, Palani Taluk, Dindigul District.
2. Considering the nature of the limited scope of the relief sought for in this writ petition, notice to the third respondent is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. Heard the learned counsel on either side and perused the materials placed before this Court.
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4. According to the petitioner, the petitioner had purchased the subject property from one P.Murugesan by the registered sale deed 11.07.2022 registered vide document No.1734/22. He was also issued with Patta No. 643 in respect of the subject property. While being so, the third respondent is now attempting to deal with the subject property by executing the sale deed committing forgery. Therefore, the petitioner raised an objection before the first respondent on 18.10.2024.
5. The learned Additional Government Pleader appearing for the official respondents submitted that the petitioner is also the co-owner of the subject property along with the third respondent. Therefore, without any consent from the petitioner, no document can be registered in respect of the subject property.
6. In view of the above, if any document is presented for registration in respect of the subject property by the third respondent, the first respondent shall issue notice to the petitioner and the third respondent, conduct enquiry as per Section 34 of the Registration Act, 1908, and pass orders on the objections raised by the petitioner to 3/6
register the document, after affording an opportunity of hearing to the petitioner and the third respondent.
7. With the above direction, this writ petition is disposed of. No costs.
04.11.2024 Index : Yes / No NCC : Yes / No sm 4/6
TO:- 1.The Sub Registrar, Office of the Sub Registrar, Keeranoor, Palani Taluk, Dindigul District.
2.The Village Administrative Officer, Periyamottanoothu Village, Palani Taluk, Dindigul District.
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G.K.ILANTHIRAIYAN , J.
Sm Order made in Dated:
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