K. Umayal v. The Deputy Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.27999 of 2024 & W.M.P.(MD)No.23754 of 2024 1.K.Umayal 2.V.R.Umayal 3.Deepa 4.R.M.Meenakshisundaram 5.S.Kajamalai Vijay
...Petitioners
vs.
1.The Deputy Inspector General of Registration, Trichy Zone, Trichy.
2.The District Registrar (Administration), Trichy District, Trichy.
3.The Joint-1 Sub Registrar, Trichy, Trichy District.
4.M.Noor Mohammed, Managing Partner, Bharat Realty, No.12, Sri Rajappa Nagar, Kattur, Trichy.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records relating to the impugned order passed by the second respondent in his proceedings No.Ka.No.11994/A1/2024 dated 22.10.2024 and quash the same as illegal, arbitrary, without jurisdiction and in violation of principles of natural justice.
For Petitioners :
Mr.D.Kirubakaran for M/s.B.Saravanan Associates For Respondents :
Mr.D.Sadiq Raja, Additional Government Pleader for R1 to R3 Mr.Prem Ayyadurai for M/s.Ajmal Associates for R4
O R D E R
This writ petition has been filed challenging the order passed by the second respondent dated 22.10.2024 thereby informing the Sub Registrar not to register any deed of conveyance in respect of the 1/6th share of the properties comprising in S.Nos.175/3, 168/2C3B, 175/1, 276/1, 276/2, 276/3 to an extent of 12.90 acres out of 77.39 acres in pursuant to the deeds vide Document Nos.6580/2024, 6581/2024, 6582/2024 and Power of Attorney in 242/BK4/2024.
2. The petitioners 1 to 4 are the legal heirs of Meenakshi Aachi. A partition suit was filed in C.S.No.1965, in which, there were two schedules of property. The 1/6th share of the properties comprised in S.Nos.175/3, 168/2C3B, 175/1, 276/1, 276/2, 276/3 situated at Edamalaimpatti Pudhur, Piratiyur East and West Village, Tiruchirappalli was allotted in favour of the said Meenakshi Aachi. In turn, she executed settlement deeds in favour of her three sons. The third and fourth petitioners had executed agreement for sale dated 17.10.2024 in favour of one S.Ramesh vide document No.6580/2024 in respect of their shares of the suit property. The first petitioner has executed agreement for sale dated 17.10.2024 in favour of one S.Ramesh and the same was registered by document No.6581/2024.
The second petitioner has also executed agreement for sale dated 17.10.2024 in favour of one S.Ramesh vide document No.6582/2024. That apart, they had also executed Power of Attorney in favour of the fifth petitioner on 17.10.2024 to deal with the suit properties and the same was registered vide document No. 242/BK4/2024.
representation, on which, the second respondent passed the order impugned in this writ petition.
3. The learned counsel appearing for the petitioners would submit that on the complaint lodged by the fourth respondent without ordering any notice and without conducting any enquiry, the second respondent mechanically passed the impugned order directing not to register any of the documents in pursuant to the agreement for sale and Power of Attorney in respect of the suit properties.
4. The fourth respondent claims title over the property by way of purchase from one of the sons of Meenakshi Aachi. That apart, the petitioners have also filed a suit for declaration to declare the documents executed in favour of the defendants including the fourth respondent herein in respect of the subject properties as null and void in O.S.No.469 of 2024 on the file III Additional District Court at Tiruchirappalli and it is pending for trial. Therefore, on the representation received from the fourth respondent, the second respondent rightly passed the impugned
order and this Court finds no infirmity or illegality in the same. In view of the same, this Writ Petition is liable to be dismissed and accordingly dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
06.01.2025 (3/3) NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To 1.The Deputy Inspector General of Registration, Trichy Zone, Trichy.
2.The District Registrar (Administration), Trichy District, Trichy.
3.The Joint-1 Sub Registrar, Trichy, Trichy District.
G.K.ILANTHIRAIYAN , J.
mbi 06.01.2025 (3/3)