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Madras High CourtWP(MD)/27681/2024dismissed

V.P.Muthukumar v. The District Registrar

2024-11-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.23490 of 2024 V.P.Muthukumar

...Petitioner

Vs.

1.The District Registrar, Registration Department, Tirunelveli.

2.Sub-Registrar, Kangaikondan S.R.O, Tirunelveli District.

3.Sub-Registrar, Kadambur S.R.O.

Thoothukudi District.

4.Krishnammal 5.Balasubramanian 6.Rajapandi 7.John Kennady

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the sale deed bearing deed No.1/3909/2021 dated 22.12.2021 registered at the second 1/4

respondent and quash the same in so far as the property situated at Onamakulam in Kayathar Taluk, Thoothukudi District in survey No.259/3 to an extent of 5.03 acres.

For Petitioner : Mr.S.Siva Ilayaraja For R1 to R3 : Mr.M.Sarangan Additional Government Pleader

O R D E R

This writ petition has been filed challenging the sale deed. dated 22.12.2021 registered vide document No.3906/2021.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. There is a title dispute in respect of the subject property between the petitioner and the respondents 4 to 7 herein, therefore, the sale deed cannot be challenged by way of writ petition under Article 226 of the Constitution of India.

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5. Since the dispute in question cannot be looked into under Article 226 of the Constitution of India, the petitioner ought to have approach the Civil Court for title dispute in respect of the subject property.

6. In view of the above, the writ petition is not maintainable and hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also closed.

Internet : Yes Index : Yes/No 20.11.2024 Speaking/Non Speaking order am To 1.The District Registrar, Registration Department, Tirunelveli.

2.Sub-Registrar, Kangaikondan S.R.O, Tirunelveli District.

3.Sub-Registrar, Kadambur S.R.O.

Thoothukudi District.

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G.K.ILANTHIRAIYAN, J.

am 20.11.2024 4/4