Chandran v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.22659 of 2019 1.Chandran 2.Kulandaiselvam 3.Muthuswamy 4.Banumathi 5.Logammal 6.Vellaiammal 7.Baby Trustees of Nacharammal Trust Having Office at Door No.2/143, Kovil Pappakudi Village, Pothumbu Post, Madurai North Taluk, Madurai.

... Petitioners Vs.

1.The District Registrar, Madurai Registration District, Madurai.

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2.The Sub-Registrar, Theppakulam, Madurai.

3.The Joint Commissioner, H.R. & C.E. Department, Madurai.

4.Nacharammal Trust, Vandiyur, Rep. by its Hereditary Trustee, Pitchaiammal @ Kamatchiammal, W/o.Ramalingam Pillai, No.108, Middle Street, Kovilpappakudi Village, Madurai North Taluk, Madurai - 625 018.

... Respondents [R4 impleaded vide order dated 02.04.2024 (today) in W.M.P.(MD) No.23621 of 2019] Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the third respondent to withdraw the objection filed before the second respondent in respect of the petitioner's trust property.

For Petitioners : Mr.P.R.Balasubramanian For R1 & R2 : Mr.V.Anand Government Advocate For R3 : Mr.V.R.Shanmuganathan Special Government Pleader For R4 : Mr.M.Sankaralingam

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the third respondent to withdraw the objection filed Page No. 2 of 5

before the second respondent in respect of the property of the petitioners' trust.

2. Earlier, by an order dated 28.02.2020, this Court imposed cost on the petitioners in this Writ Petition. Both the learned Government Advocate for the first and second respondents and the learned Special Government Pleader for the third respondent confirmed that the petitioners had paid the amount.

3. The fact remains that none of the petitioners are trustees of the Nacharammal Trust and they have no locus standi to file this Writ Petition. It appears that the petitioners are attempting to sell the properties of the trust. Therefore, this Writ Petition is liable to be dismissed and is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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Copy To:

1.The District Registrar, Madurai Registration District, Madurai.

2.The Sub-Registrar, Theppakulam, Madurai.

3.The Joint Commissioner, H.R. & C.E. Department, Madurai.

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C.SARAVANAN , J.

JEN and W.M.P.(MD) No.22659 of 2019 02.04.2024 (2/3) Page No. 5 of 5