Vimalkumar v. The District Registrar (Registration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vimalkumar

...Petitioner

-Vs1.The District Registrar (Registration), Dindigul District.

2.The Sub Registrar, Chinnalapatti Sub Registrar Office, Dindigul District.

3.Govindaraj 4.Kathirvel Murugan

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to delete the public well mentioned in the eastern side boundary in the 1st scheduled property of the gift deed document No.1885/2024 dated 28.06.2024 executed by the 3rd respondent in favour of the 4th respondent based on the petitioners representation dated 23.11.2024 within a time stipulated by this Court. For Petitioner : Mr.C.Ezhilarasu For Respondent : Mr.S.P.Maharajan Special Government Pleader

ORDER

This writ petition has been filed for a direction, directing the second respondent to delete the public Well mentioned in the eastern side boundary in the first schedule property of the gift deed dated 28.06.2024 by registered gift deed document No.1885 of 2024 executed by third respondent in favour of the fourth respondent.

2.Admittedly, the petitioner is not a party to the document which was executed by the third respondent in favour of the fourth respondent dated 28.06.2024. Now the petitioner claims the right over the public Well in the property which was gifted by the third respondent in favour of the fourth respondent. That apart, the registering authority is not a competent to delete the extend of the property in the deed. Any addition or edition in the deed which was already registered, it can be rectified only by the parties of those deeds. 3.In view of the above, the representation submitted by the petitioner cannot be considered and the writ petition is itself devoid of merits and is liable to be dismissed and accordingly, this writ petition stands dismissed. No costs. The petitioner is at liberty to approach the civil Court for appropriate relief. 02.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

To 1.The District Registrar (Registration), Dindigul District.

2.The Sub Registrar, Chinnalapatti Sub Registrar Office, Dindigul District.

G.K.ILANTHIRAIYAN. J, RJR 02.12.2024