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Madras High CourtWP(MD)/15177/2017allowed

N.Rajalakshmi, v. The District Registrar,

2024-11-14Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.11993 of 2017 N.Rajalakshmi ... Petitioner /vs./ 1.The District Registrar (Administration), Madurai (South), Madurai.

2.The Joint Sub Registrar, Madurai (South), Madurai.

3.S.P.Meenal 4.Manchula 5.SP.V.Kasirajan 6.Janaki ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the impugned order No. 1057/A2/2017 dated 21.07.2017 passed by the 1st respondent and quash the same as illegal.

For Petitioner : Mr.M.Kannan For R1 & R2 : Mr.M.Sarangan Additional Government Pleader For R5 : Mr.M.Solaisamy For R6 : No appearance

ORDER

The challenge in the writ petition is a notice issued by the first respondent herein calling upon the petitioner to participate in the enquiry with regard to the document registered based upon the complaint received from the private respondents.

2. The request made by the fifth respondent to the first respondent is to cancel the sale deed pursuant to Circular 67 dated 03.11.2011. Circular 67 had already been held to be an invalid circular. Further, this Court had already held that the Registering Authority does not have the power to go into the rights of the parties to convey the property.

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3. In such event, I am of the view that the impugned order cannot be sustained and is accordingly set aside. In fine, the Writ Petition stands allowed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 14.11.2024 Internet : Yes / No mm To 1.The District Registrar (Administration), Madurai (South), Madurai.

2.The Joint Sub Registrar, Madurai (South), Madurai.

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K.KUMARESH BABU, J.

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