Subramanian, v. The Sub-Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Subramanian .. Petitioner Vs.

1.The Sub-Registrar, The Office of the Sub-Registrar, Nanguneri, Tirunelveli District.

2.The Sub-Registrar, The Office of the Sub-Registrar, Melappalayam, Tirunelveli District.

3.Paramasivan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st respondent to cancel the sale deed in document No.1935/2015 dated 17.07.2015 on the file of the 1st respondent by considering the petitioner's representation dated 03.06.2017 within a time to be stipulated by this Court. For Petitioner :

Mr.M.Maharaja

For R1 & R2 :

Mr.D.Sadiq Raja Additional Government Pleader For R4 :

Mr.B.Kamalanathan For R3 :

No appearance

ORDER

The prayer sought for in the writ petition is for a direction to direct the first respondent to cancel the sale deed, which has been executed by him in favour of the third respondent.

2. A Full Bench of this Court in the case of Sasikala Vs. Revenue Divisional Officer-cum-Sub Collector reported in 2022 (5) CTC 257, had held that the Registering Authority cannot unilaterally cancel a sale deed and it is only for the parties to approach the civil Court.

3. The learned counsel for the petitioner would submit that the petitioner himself is no more.

4. In view of the above submission, it is for the legal heirs of the petitioner to work out the remedies in the manner known to law.

5. With the aforesaid liberty, this Writ Petition stands dismissed. However, there shall be no order as to costs. 10.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Sub-Registrar, The Office of the Sub-Registrar, Nanguneri, Tirunelveli District.

2.The Sub-Registrar, The Office of the Sub-Registrar, Melappalayam, Tirunelveli District.

K.KUMARESH BABU, J.

abr Dated: 10.12.2024