Sumathi V v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.27270 of 2022 V.Sumathi .. Petitioner

Versus

1.The District Registrar (Administration), O/o. the District Registrar Office, Karaikudi, Sivagangai District.

2.The Joint Sub-Registrar No.2, O/o. the Joint Sub-Registrar, Karaikudi, Sivagangai District.

.. Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representations, dated 12.10.2022 and 25.11.2022. For Petitioner :

Mr.P.R.Boomee Rajan For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the second respondent to consider her representations, dated 12.10.2022 and 25.11.2022.

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2. Heard Mr.B.R.Boomee Rajan, learned counsel for the petitioner and Mr.S.R.A.Ramachandran, learned Additional Government Pleader, who takes notice for the respondents. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the learned counsel for the petitioner, the petitioner purchased the property in Old S.No.65/5, R.S.No.300, measuring an extent of 2323.56 sq.ft. from one C.Pandiyan, S/o.Chithiran, through a registered sale deed, dated 23.05.2018. Now, the petitioner decided to sell the said property in order to meet out her daughter's marriage expenses. On verification, she came to know that an error had crept in the document regarding the length and width of the property at the time of typing the said sale deed. Immediately, she approached the second respondent along with rectification deed, which was not accepted by the second respondent and thereafter, she sent representations to the respondents on 12.10.2022 and 25.11.2022. Since the same have not been considered so far, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

4. According to the petitioner, the extent of the land has been inadvertently typed in the sale deed and therefore, she seeks for rectification of the same by the second respondent, which cannot be done. The petitioner has 2/4

to seek her vendor's help for rectifying the same. If the vendor is not there, she may seek the help of his legal heirs and the vendor's original document to be produced before the second respondent. Thereafter, the second respondent is directed to consider the representations of the petitioner, dated 12.10.2022 and 25.11.2022, after giving an opportunity of hearing to the petitioner and pass appropriate orders on merits and in accordance with law. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 01.12.2022 smn2 To 1.The District Registrar (Administration), O/o. the District Registrar Office, Karaikudi, Sivagangai District.

2.The Joint Sub-Registrar No.2, O/o. the Joint Sub-Registrar, Karaikudi, Sivagangai District.

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V.BHAVANI SUBBAROYAN, J.

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